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The IJ terminated my removal proceedings due to a failure to prosecute, no MH rescheduled after 8 months. What should I do?

Meadville, PA |

I filed the I-589 with USCIS, got the biometrics and interview done. They referred me to IC. I went to the MH, the judge told me DHS didn't file the NTA with the court, therefore, there is no charges against me. He excused me and said a new MH will be rescheduled when DHS will file the NTA with the court, and I will be notified by mail. After 8 months now, I am still waiting. The EOIR says the IJ closed my case due to failure to prosecute, no hearing date scheduled.
Is it normal? I use to be in contact with a pro bono clinic but they are overwhelmed and don't even answer my mails anymore. Please HELP me. Any advice? I do have a miserable life. Thank you

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Attorney answers 4

Best Answer

File another I-589 with the USCIS.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.



Thank you very much sir


There is a list of non-profit organizations that you should have been given when you got your NTA. Contact them and discuss your case with them. Have you filed an EAD yet? At least you could probably get work authorization while you wait to see the IJ



I filed an AED but they sent me a RFE asking the order of the decision made by the IJ. I wrote to the court requesting that decision, and the judge said I have no case in immigration court.


An attorney needs to contact ICE, not the EOIR.

Be careful what you ask for might get it and not be happy with the outcome.

If you are low income go here: or

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


You really need to have an attorney review your case. From you have told us I will recommend you have an attorney contact ICE and EOIR to see what happen to your case. You should be able to obtain work authorization in the meantime.

"This answer should not be considered legal advice. Each case is different an in person consultation would be need it before a concrete answer can be given"

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