How long the immigration court has to file or reject a cancellation of removal application from the date the receive it?

Asked about 5 years ago - Los Angeles, CA

I am dealing with the Los angeles immigration court which is among the busiest in the nation. thanks for any info

Additional information

Thanks but I already know that Mr. Elkhalil, what I want to know is legally how long the clerk or the Judge can take to file the actual application from the date they receive it, just to file it or reject it, how long they can take to take an action on it? I couldnt find this answer anywhere not even in the EOIR practice manual.once it's filed then I agree with you, it can take multiple hearings until the IJ reaches a decision but thats not my question, thank you

Attorney answers (3)

  1. Stanley Dale Radtke

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . An application for Cancellation of Removal is filed with an Immigration Court defensively, meaning that you have previously been placed into removal proceedings. At one of your Master Calendar Hearings before the Immigration Judge, you or your attorney will be ask what form of relief your will be seeking. At this point you will ask for cancellation of removal. Depending on your status, you will either file and EOIR 42A (for an LPR), or an EOIR 42B (for a non-LPR). Your Immigration Judge will normally tell you at this hearing when the application must be filed with the court.

    You must file the application (and only the application) with the Texas Service Center, a copy with the Immigration Court, serve a copy to DHS Chief Counsel. The actual application with all supporting documents is filed in open court. Do not forget to file the necessary fees either.

    You should really consult with a skilled immigration attorney before making any filing as any error could have serious implications and could result in a removal order.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

  2. Richard Michael Wilner

    Contributor Level 8

    Answered . It is not the clerk or the judge that files the application. Rather, it is you or your attorney that is charged with that responsibility. If you are saying you filed at the window (instead of in the courtroom itself) the court would normally review the application at your next master calendar hearing and then determine whether or not it was filed appropriately. If it wasn't, you should be given an opportunity to cure defects. If it was, a hearing on the merits of the application should be set with you being required to make sure your biometrics are up to date.

    Lastly, there is no specific period of time within which the court has to reject an application. As stated above, these decision are made at the hearings.

  3. Hassan Hussein Elkhalil

    Contributor Level 15

    Answered . It depends on the work load of teh court. Normally, when you submit a Cancellation of Removal application, you would have to attend a hearing on your application. Most of the time, the judge makes his decision after the hearing is concluded. In some cases, the judge may ask for additional evidence before he makes his/her decision that may cause the additional time.

    Good luck


    Hassan Elkhalil
    www.greencardusa.com

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