Sample Brief Seeking Termination of Removal Proceedings Based on SIJS Approval

The goal of this resource is to provide practitioners who represent Special Immigrant Juvenile Status, or SIJS, beneficiaries with ideas for advocating in immigration court to prevent the removal of SIJS beneficiary clients who are awaiting a current priority date. This sample brief provides arguments for seeking termination of removal proceedings or, in the alternative, a continuance or transfer to the status docket for respondents with approved I-360 SIJS petitions who are awaiting a current priority date. It is written for a respondent who is charged on the Notice to Appear under INA § 212(a)(6)(A)(i) for being present without admission or parole; however, some of the arguments could be adapted for respondents with certain other charges under the INA. The arguments in this sample brief are merely ideas; we would welcome your feedback on this resource as well as your additions to or improvements of it.

This sample document is not legal advice. Nor is it a substitute for independent research and analysis of legal authority in a given jurisdiction or investigation into local practices. CLINIC may share or distribute non-identifying information collected from this webform for training, advocacy, or other purposes.

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Do you handle cases pro bono?
Do you represent children in removal proceedings who are seeking SIJS?
Does this immigration court have a status docket?
Since 2017, have you represented an SIJS-eligible child in removal proceedings who was seeking a predicate order in state court?
Were you able to obtain continuances or otherwise postpone the removal proceedings until the state court order was obtained?
Since 2017, have you represented a child in removal proceedings who had a pending I-360 SIJS petition?
Were you able to obtain continuances or otherwise postpone the removal proceedings until the I-360 was adjudicated?
Since 2017, have you represented a child in removal proceedings with an approved I-360 SIJS petition who was awaiting a current priority date?
Were you able to obtain continuances or otherwise postpone the removal proceedings until the priority date became current?
Since 2017, have you represented a child in removal proceedings with an approved I-360 SIJS petition who had a current priority date
Please check all that apply (use the Control key to select more than one):
Do you have any immigration court motions, briefs, etc. you have developed for SIJS clients in removal proceedings that you would be willing to share with CLINIC in redacted form so that we could share it with practitioners who contact us facing a similar issue? (If yes, CLINIC may contact you separately about this)
I certify that I do not work for any government entity, and that I will not share this sample brief with anyone outside of my organization.