Safe Havens

(B) Winning a Motion to Terminate Before the Immigration Judge.  Safe haven may be won in removal proceedings before an immigration judge (IJ) who terminates removal proceedings by ruling that the safe haven does not in fact trigger deportation.  As a part of the safe haven of an IJ order terminating proceedings, it is required as well that the DHS decide not to appeal the termination to the BIA, or else that the BIA dismiss the DHS appeal from the IJ’s order terminating removal proceedings.

            Again, the technical legal issues relating to whether the safe haven triggers deportation are important, but in many cases it is equally important to convince the IJ that the client is worthy of avoiding deportation because of the equities of the case.