UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

[Insert City and State]

File No. [Insert Alien Registration #]       )                      Date: [Insert Date]

                                                              ) 

                                                              )

IN THE MATTER OF                           )                      IN REMOVAL

                                                              )

[Insert Respondent’s Name with             )                      PROCEEDINGS

Last Name All in Capital Letters],           )

                                                              ) 

Respondent.                                           )

_______________________________)

CHARGE(S): [Insert Removal Charge(s)]

APPLICATION(S): [Insert Application(s) for Relief, Motions, and/or Other Requests]

ON BEHALF OF RESPONDENT:                           ON BEHALF OF THE GOVERNMENT:

Pro Se or [Insert Name and Address of                      [Insert Name and Address of Department of

Respondent’s Counsel]                                               Homeland Security Attorney] 

 

ORAL DECISION & ORDER OF THE IMMIGRATION JUDGE

INTRODUCTION AND JURISDICTIONAL STATEMENT

On [Insert Date], the Department of Homeland Security filed a Notice to Appear against the above-named respondent. The filing of this charging document commenced proceedings and vested jurisdiction with this Court. 8 CFR 1003.14(a). The Notice to Appear has been admitted into evidence as Exhibit 1.

OR

The respondent is a [Enter Age] year old, [single/married], [male/female] native and citizen of [Enter Country] who entered the United States on [Enter Date] by [Enter Manner of Entry]. The respondent was arrested by the Department of Homeland Security on [Enter Date] for [Enter Removal Charge(s)]. The respondent [concedes/contests] that he is removable as charged and is seeking the relief of [List All Applications for Relief] in lieu of removal in the event that the charges of removal are sustained. It is the truth of such charges of removal and respondent’s eligibility for the relief sought that are currently at issue before this Court.

OR

The respondent is a [Enter Age] year old, [single/married], native and citizen of [Enter Country]. The United States Department of Homeland Security (DHS) has brought these removal proceedings against the respondent under the authority of the Immigration and Nationality Act. Proceedings were commenced with the filing of the Notice to Appear (NTA) with the Immigration Court. 8 CFR 1003.14(a). See Exhibit 1.

SERVICE OF THE NOTICE TO APPEAR

In removal proceedings, the Notice to Appear (“NTA”) shall be served in person on the alien or, if personal service is not practicable, through service by mail to the alien or the alien’s counsel of record. Section 239 of the Immigration and Nationality Act (INA or the Act). 8 CFR1003.13.

The respondent has conceded proper service of the NTA. Based upon the respondent’s admissions and the certificate of service contained in the NTA, the Court finds that the NTA has been properly served.

OR

The respondent denied that the Notice to Appear was served upon him/her. Counsel for the Department of Homeland Security personally served a copy of the Notice to Appear on the respondent on the record of this proceeding. The Court finds that the charging document has been properly served.

OR

The respondent denied that the Notice to Appear was served upon him/her. As proof that the Notice to Appear was properly served, the Department of Homeland Security offered into evidence [Identify Evidence Offered to Prove Proper Service]. Based upon the evidence offered by the Government, I find that the Notice to Appear [was/was not] properly served. 

TEN DAY PERIOD

The respondent was afforded ten days following service of the Notice to Appear prior to appearing before an Immigration Judge.

OR

The respondent waived his/her right to wait ten days following service of the Notice to Appear prior to appearing before an Immigration Judge.

PLEADING

The respondent admits factual allegation(s) number [Insert Number of Allegations Admitted]. The respondent denies factual allegation(s) [Insert Numbers of Factual Allegations Denied].

The respondent concedes that he is subject to removal as charged under Section [Insert Section Number(s) of the Conceded Charge with a Brief Description of Each Conceded Statutory Charge]. The respondent contests that he is subject to removal as charged under Section [Insert Section Number(s) of the Contested Charge with a Brief Description of Each Contested Statutory Charge].

OR

The respondent admits as alleged in the Notice to Appear that [Insert Text of Factual Allegations Admitted]. The respondent denies as alleged in the Notice to Appear that [Insert Text of Factual Allegations Denied].

The respondent concedes that he/she is removable as charged under Section [Insert Section Number of Conceded Charge(s) with a Brief Description of Each Conceded Charge]. The respondent contests that he/she is removable as charged under Section [Insert Number of Contested Charge with a Brief Description of Each Contested Charge].

BURDEN OF PROOF ON REMOVAL CHARGE

For Arriving Aliens

The Department of Homeland Security must prove by clear and convincing evidence that the respondent is an arriving alien. Whether an alien is an “applicant for admission” is answered by reference to the definition at section 101(a)(13). If the Department of Homeland Security proves that the respondent is an arriving alien, the respondent must prove that he/she is clearly and beyond a doubt entitled to be admitted and is not inadmissible under section 212 of the Immigration and Nationality Act. Section 240(c)(2)(A). 8 C.F.R. 1240.8(b).

OR

For Aliens Present without Admission or Parole

The Department of Homeland Security must prove by clear and convincing evidence that the respondent is an alien. Once alienage has been established, the respondent must prove by clear and convincing evidence that he/she is lawfully present in the United States pursuant to a prior admission. Section 240(c)(2)(B). 8 C.F.R. 1240.8(c). To meet this requirement the alien must generally prove the time, place, date, and manner of his/her entry into the United States.

OR

For Admitted Aliens

The Department of Homeland Security must prove by clear and convincing evidence that the respondent is subject to removal as charged. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. Section 240(c)(3)(A).

STATEMENT OF LAW ON REMOVABILITY/INADMISSIBILITY

212 Crime Involving Moral Turpitude

212 Controlled Substance Violators

212 Multiple Convictions

212 Traffickers in a Controlled Substance

212 Public Charge

212 Aliens Present Without Permission or Parole

212 Fraud and Misrepresentation

212 False Claim to Citizenship

212 Alien Smugglers

212 Lack of Documents

212 Previously Removed Aliens

212 Unlawfully Present Aliens

 

237 Inadmissible Aliens

237 Present in Violation of Law 

237 Violated Condition of Nonimmigrant Status

237 Alien Smugglers

237 One Crime Involving Moral Turpitude Within Five Years

237 Two Crimes Involving Moral Turpitude

237 Aggravated Felons

237 Controlled Substance Violators

237 Firearm Offenses

237 Domestic Violence

237 Violators of Protection Orders

237 False Claim to Citizenship

237 Termination for Citizenship Claim 

SUMMARY OF EVIDENTIARY RECORD ON REMOVABILITY

(including express credibility findings)

The evidentiary record of this proceeding consists of documentary exhibits [Insert Exhibit Numbers], the testimony of [Insert Names of Witnesses], the following proffers of evidence [Insert Proffers of Evidence], the following stipulations [Insert Stipulations], and other evidence including [List Additional Evidence].

Documentary exhibits [Insert Numbers] have been admitted into evidence without objection.

Documentary exhibits [Insert Numbers] have been excluded from the evidentiary record for the following reasons [Insert Reasons/Legal Analysis Why These Exhibits Were Not Admitted into the Record ].

I find the witness(es) credible for the reasons that follow... [Insert Reasons to Support Your Credibility Finding].

I find the witness(es) not credible for the reasons that follow... [Insert Reasons to Support Your Credibility Finding].

All admitted evidence identified above has been considered in its entirety regardless of whether specifically mentioned the text of this decision.

FACTUAL FINDINGS ON ALLEGATIONS IN THE NOTICE TO APPEAR

Based upon the evidentiary record consisting of [List Evidence Admitted on Issue of Truth of the Factual Allegations], I find that factual allegations numbers [Insert Number of Factual Allegations You Find to be True] are true by evidence that is clear and convincing. I find that the evidentiary record is insufficient to establish the truth of factual allegations [Insert Number of Factual Allegations Not Sustained].

[Give Reasoning/Legal Analysis to Support the Factual Findings Made Above.]

ANALYSIS AND CONCLUSIONS OF LAW ON REMOVAL CHARGES

Based upon the evidentiary record and this Court’s stated findings of fact, I conclude as a matter of law that...

For Arriving Aliens

The Government has failed to prove by clear and convincing evidence that the respondent is an arriving alien. Accordingly, the removal charge is not sustained. (If none of the removal charges are sustained, enter an order terminating proceedings).

OR

The respondent has proven beyond a doubt that he/she is entitled to admission. Accordingly, the removal charge is not sustained. (If none of the removal charges are sustained, enter an order terminating proceedings).

OR

The respondent has failed to prove beyond a doubt that he/she is entitled to admission. Accordingly, the removal charge is sustained.

For Aliens Present Without Parole

The Government has failed to prove by clear and convincing evidence that the respondent is an alien. Accordingly, the removal charge is not sustained. (If none of the removal charges are sustained, enter an order terminating proceedings).

OR

The respondent has proven by clear and convincing evidence that he/she is lawfully present in the United States pursuant to a prior admission. Accordingly, the removal charge is not sustained. (If none of the removal charges are sustained, enter an order terminating proceedings).

OR

The respondent has failed to prove by clear and convincing evidence that he/she is lawfully present in the United States pursuant to a prior admission. Accordingly, the removal charge is sustained.

OR

For Admitted Aliens

The Government has failed to prove by clear and convincing evidence that the respondent is deportable as charged. Accordingly, the removal charge is not sustained (If none of the removal charges are sustained, enter an order terminating proceedings).

OR

The Government has proven by clear and convincing evidence that the respondent is deportable as charged. Accordingly the removal charge is sustained.

[Give Reasoning/Legal Analysis to Support the Conclusions of Llaw Made Above for Each Removal Charge Contained in the Notice to Appear.]

DESIGNATION OF COUNTRY OF REMOVAL

The respondent has designated [Name of Country] as the country of removal. [Name of Country] was directed by the Court.

OR

The respondent has declined to designate a country of removal. [Name of Country] was directed by the Court.

BURDEN OF PROVING ELIGIBILITY FOR RELIEF

The respondent “shall have the burden of establishing that he or she is eligible for any requested benefit or privilege and that it should be granted in the exercise of discretion. If the evidence indicates that one or more of the grounds for mandatory denial of the application for relief apply, the alien shall have the burden of proving by a preponderance of the evidence that such grounds so not apply.” 8 C.F.R. 1240.8(d). 

RELIEF DETERMINATION

The respondent does not qualify for the relief of [List Reliefs for Which the Respondent Does Not Qualify] because [List Reasons Respondent Not Statutorily Eligible for Such Reliefs].

It appears that the respondent may statutorily qualify for the relief of [List Reliefs for Which the Respondent Does Appear to Qualify]. It is respondent’s eligibility for such relief(s) that is currently before this Court.

STATEMENT OF LAW ON ELIGIBILITY FOR RELIEF

Adjustment of Status - 245

            1. Standard Language for Section 245(a)

            2. Standard Language for Section 245(i) LIFE Act

            3. Standard Language for Cuban Adjustment

            4. Standard Language for NACARA Adjustment

Asylum/Withholding under 241(b)/Torture Convention:

            1. REAL ID Template

            2. Pre-REAL ID Template

            3. Standard Language

Cancellation for Lawful Permanent Residents - 240A(a)

            1. Template 1

            2. Template 2

            3. Standard Language

Cancellation for Non-Lawful Permanent Residents - 240A(b)

            1. Template 1 for Section 240A(b)(1)

            2. Template 2 for Section 240A(b)(1)

            3. Template for Section 240A(b)(2)

            4. Standard Language for Section 240A(b)(1)

            5. Standard Language for Section 240A(b)(2)

            6. NACARA (El Salvador)

            7. NACARA (Guatemala) 

            8. NACARA Extreme Hardship Cases

Pre-Conclusion Voluntary Departure - 240B

1. Template

2. Standard Language

Post Conclusion Voluntary Departure - 240B

1. Standard Language

Rescission of Adjustment of Status and Removal Proceedings

1. Standard Language

Registry - 249

1. Standard Language

Suspension of Deportation - Former 244(a)

1. Standard Language

209

1. Standard Language

211(b) Readmission Without Required Documents

1. Standard Language

216

1. Standard Language

Waivers

            212(c)

                        1. Template

                        2. Standard Language

            212(d)(11)

                        1. Standard Language

            212(h)

                        1. Standard Language

            212(i)

                        1. Standard Language

            212(k)

                        1. Standard Language

            237(a)(1)(E)(iii) Alien Smuggling

                        1. Standard Language

            237(a)(1)(H)

                        1. Standard Language

            237(a)(7) Domestic Violence

                        1. Standard Language

SUMMARY OF EVIDENTIARY RECORD ON RELIEF

(including express credibility findings)

The evidentiary record on the issue of relief in lieu of removal consists of documentary exhibit(s) [Insert Exhibit Numbers], the testimony of [Insert Names of Witnesses], the following proffers of evidence [Insert Proffers of Evidence], the following stipulations [Insert Stipulations], and other evidence including [List Additional Evidence].

Documentary exhibits [Insert Numbers] have been admitted into evidence without objection.

Documentary exhibits [Insert Numbers] have been excluded from the evidentiary record for the following reasons [Insert Reasons/Rulings Why These Exhibits Were Not Admitted into the Record].

I find the witness(es) credible for the reasons that follow... [Insert Reasons to Support Your Credibility Finding].

I find the witness(es) not credible for the reasons that follow... [Insert Reasons to Support Your Credibility Finding].

All admitted evidence identified above has been considered in its entirety regardless of whether specifically mentioned in the text of this decision.

FINDINGS OF FACT ON ELIGIBILITY FOR RELIEF

Based upon the evidentiary record consisting of [List Evidence Admitted on Each Factual Issue Relating to the Relief Sought], I find that the respondent has successfully proven that [List Facts That You Find to be True]. I find that the evidentiary record is insufficient to establish that [List Facts that You Find to be Not Established or Supported by the Record].

[Give Reasoning/Legal Analysis to Support the Factual Findings Made Above.]

ANALYSIS AND CONCLUSIONS OF LAW ON ELIGIBILITY FOR RELIEF

(including balancing test on discretion)

Based upon the evidentiary record and the factual findings cited above, I conclude as a matter of law that the respondent has met his/her burden of establishing that he/she is eligible for the relief of [Insert Relief(s) Sought] in lieu of removal. Accordingly, the respondent’s application for [Insert Relief(s) Sought] in lieu of removal is granted.

OR

Based the evidentiary record and the factual findings cited above, I conclude as a matter of law that the respondent has failed to meet his/her burden of establishing that he/she is eligible for [Insert Relief(s) Sought] in lieu of removal. Accordingly, the respondent’s application for [Insert Relief(s) Sought] is accordingly denied.

[Give Reasoning/Legal Analysis to Support the Conclusion of Law Made Above for Each Relief Sought.]

RULINGS ON MOTIONS AND OTHER REQUESTS

[Insert here ruling on any motion or request that has not previously been ruled upon with an explanation of the reasons/legal analysis to support the grant or denial of each motion or request (e.g., motions to continue, motions to suppress, motions to terminate, motion to withdrawal as counsel of record, etc.).]

ORDER(S)

Based upon the above, the following order(s) will enter:

ORDER: IT IS ORDERED that the respondent’s application for [Enter Form of Relief] be and hereby is [granted/denied].

OR

ORDER: IT IS ORDERED that the respondent be removed to [Enter Name of Country] or in the alternative to [Enter Name of Country]. 

                                    [IF POST-CONCLUSION VOLUNTARY DEPARTURE IS GRANTED]:

Upon the basis of Respondent’s admissions, I have determined that Respondent is subject to removal on the charge(s) in the Notice to Appear. Respondent has made application solely for voluntary departure in lieu of removal.

ORDER: It is HEREBY ORDERED that Respondent be GRANTED voluntary departure at the conclusion of proceedings under section 240B(b) of the Act, in lieu of removal, without expense to the Government, on or before ____________________, or any extensions as may be granted by the Field Office Director, Department of Homeland Security, and under any other conditions the Field Office Director may direct.

It is FURTHER ORDERED that Respondent post a voluntary departure bond in the amount of ____________________ with the Department of Homeland Security within 5 business days, or by ____________________.

It is FURTHER ORDERED:

            [ ] that Respondent shall provide to the Department of Homeland Security his or her passport or other travel documentation sufficient to assure lawful entry into the country to which the alien is departing within 60 days of this order, or within any time extensions that may be granted by the Department of Homeland Security; and/or

            [ ] Other ____________________.

It is FURTHER ORDERED that if any of the above ordered conditions are not met as required, or if Respondent fails to depart as required, the above grant of post-conclusion voluntary departure shall be withdrawn without further notice or proceedings and the following order, entered pursuant to 8 C.F.R. § 1240.26(d), shall become immediately effective: Respondent shall be removed to ____________________ on the charge(s) in the Notice to Appear, and in the alternative to ____________________.

Respondent is HEREBY ADVISED that if he or she fails to voluntarily depart the United States within the time specified, or within any extensions that may be granted by the Department of Homeland Security, Respondent will be subject to the following penalties:

            1. Respondent will be subject to a civil monetary penalty of not less than $1,000 and not more than $5,000. INA § 240B(d). The Court has set the presumptive civil monetary penalty amount of $3,000 (or ____________________ instead of the presumptive amount). 8 C.F.R. § 1240.26(j).

            2. Respondent will be ineligible, for a period of 10 years, to receive cancellation of removal, adjustment of status, registry, voluntary departure, or a change in nonimmigrant status. INA § 240B(d).

Respondent is FURTHER ADVISED that if he or she appeals this decision Respondent must provide to the Board of Immigration Appeals, within 30 days of filing an appeal, sufficient proof of having posted the voluntary departure bond. The Board will not reinstate the voluntary departure period in its final order if Respondent does not submit timely proof to the Board that the voluntary departure bond has been posted. 8 C.F.R. § 1240.26(c)(3)(ii).

Respondent is FURTHER ADVISED that if he or she does not appeal this decision and instead files a motion to reopen or reconsider during the voluntary departure period, the period allowed for voluntary departure will not be stayed, tolled, or extended, the grant of voluntary departure will be terminated automatically, the alternate order of removal will take effect immediately, and the above penalties for failure to depart voluntarily under section 240B(d) of the Act, 8 U.S.C. § 1229c(d), will not apply. 8 C.F.R. §§ 1240.26(c)(3)(iii), (e)(1).

 

 

 

_____________________________

                                                [Name of Judge]

                                                Immigration Judge