I have an approved I-130 based on marriage to a USC. I was granted voluntary departure as a minor but parents overstayed/failed to depart. I had DACA but it expired. So I am currently in removal proceedings but the case was administratively closed over 10 years ago. Now, I would like to file a Joint Motion to reopen with the DHS and BIA so that I may adjust status based on an approved I-130. Does the decision by Jeff Sessions on Matter of S-O-G- & F-D-B- as well as Matter of Castro-Tum have any impact on this process? Should I wait for Trump to make a deal with Congress on immigration reform?
"Immigration judges may “exercise only the authority provided by statute or delegated by the Attorney General. This is particularly so in the context of dismissal and termination, dispositions that implicate both the carefully defined jurisdictional scheme set forth by the INA and the inherent prosecutorial discretion of DHS. It is well settled that an immigration judge may only ‘terminate proceedings when the DHS cannot sustain the charges [of removability] or in other specific circumstances consistent with the law and applicable regulations.’"
If the case was truly admin closed and nonorder of removal was issued you can file a motion to recalender the case.
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