Case: Motion to Reopen / Terminate with the Immigration Court
Nationality: Chinese
Location: Newark, NJ
Our client had a final order of exclusion from the Newark Immigration Court in 1992. He was considered an arriving alien, was inspected by the DHS officer, and was paroled into the United States. Despite his final order of exclusion, our client remained in the United States and eventually married his U.S. Citizen spouse. In 2008, this client ultimately obtained his permanent residency through adjustment of status with the USCIS as an arriving alien.
After he obtained his permanent residency, he retained our office to terminate his final order of exclusion. Since he had a final order of exclusion from the Newark Immigration Court, our office filed a Sua Sponte Motion to Reopen and Terminate to the Newark Immigration Court on September 13, 2011. In the Motion, we contended that our client’s case should be re-opened and terminated since our client already obtained his permanent residency. Our client wanted his order of exclusion terminated to avoid potential issues or confusion with the immigration service, such as when he travels abroad and comes back through one of the port of entries. We also noted that Respondent is not disputing the validity of his permanent resident card, but asked for removal proceedings to be terminated.
As a result, the Newark Immigration Court granted our Sua Sponte Motion to Reopen and Terminate on October 3, 2011. Our client now does not have a final order of exclusion on his records.
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