I'm in removal proceedings before an Immigration Court, can I request continuance or administrative closure based on

Asked over 1 year ago - Miami, FL

the Immigration Reform that hopefully will pass by the Congress and become law? Only relief is a petition for a USC mother to a not married adult son which visa is not available yet. Would all the Judges receive moratorium instructions on all pending removal proceedings on low-priority cases? Thanks for your input.

Attorney answers (5)

  1. Theodore John Murphy

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can ask for whatever you want but requests based on things that do not yet exist are not likely to be approved. You should hire an attorney to help

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  2. Rajesh Nakchhed Prasad

    Contributor Level 12

    3

    Lawyers agree

    Answered . I agree with my colleague. You are not likely to get a continuance in your removal proceedings based on the possibility that some future immigration reform may or may not pass. Please consult with a qualified immigration lawyer.

  3. Carlos E Sandoval

    Contributor Level 14

    Answered . You can ask for it. The response is going to depend on the jurisdiction, the judge, and whether you have received multiple continuances in the past. Another option is to request a continuance to try to get prosecutorial discretion, which most judges approve, and hope that the law passes before the date of the next hearing.

  4. Nicklaus James Misiti

    Contributor Level 19

    2

    Lawyers agree

    Answered . You can ask for it but it almost certainly will be denied. Hire an attorney before your situation gets worse.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  5. Samuel Patrick Ouya Maina

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I cannot envision any Judge granting a continuance based on a proposed law. You may be able to get a continuance based on other grounds. Consult with an attorney

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,119 answers this week

3,230 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,119 answers this week

3,230 attorneys answering