Survey Re OPLA Motions to Dismiss Where the Respondent Does Not Want Dismissal

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Please complete this form if OPLA has filed a motion to dismiss in the case of a client who does not want dismissal, for example because they have relief pending before the immigration court. If you would like to share anecdotes about multiple cases, please submit one form for each case. NIPNLG will use non-identifying information gathered from this survey to develop resources for practitioners and to share general trends with the field and potentially media. NIPNLG's template opposition to a unilateral DHS motion to dismiss is available here: https://nipnlg.org/work/resources/template-opposition-unilateral-dhs-motion-dismiss.

Your Name *

Your Organization/Firm *

Your Work Email Address *

Immigration Court Where Case Is Venued *

When did OPLA file the Motion to Dismiss? (approximate date is fine) *

What is the date of your client's individual hearing in immigration court, if any?

Was the OPLA Motion to Dismiss a boilerplate-type motion or did it include facts/arguments specific to your client? [you can view a sample "boilerplate" motion here: https://bit.ly/37Ng59n] *

Boilerplate motion

Individualized

Did OPLA approach you before filing the Motion to DIsmiss for respondent’s position? *

Yes

Was your client’s case administratively closed when OPLA filed the Motion to Dismiss? *

Yes

Why does your client oppose dismissal? *

Has relief pending before the immigration court

Doesn’t have relief pending yet but wishes to pursue relief before the immigration court

Other

If your client has relief pending before the immigration court, please specify what type. *

No relief pending before the court

Asylum - referred from USCIS

Asylum - not referred from USCIS

Cancellation of removal (any type)

Adjustment of status - previously denied by USCIS

Adjustment of status - no previous USCIS adjudication

Other

Required

Will your client lose eligibility for a currently held EAD if the IJ grants dismissal? *

Yes

Please briefly describe the arguments you made or anticipate making in opposition to OPLA’s Motion to Dismiss. *

How did the IJ rule on the Motion to Dismiss?

Has not yet ruled

Granted DHS's motion

Denied DHS's motion

Clear selection

If the IJ granted DHS's Motion to Dismiss, did the IJ issue the decision before you had a chance to respond and before the 10-day response period had passed?

Yes

Clear selection

If the IJ granted the Motion to Dismiss, what are your planned next steps? (check all that apply)

I plan to move the court for reconsideration

I plan to appeal the dismissal to the BIA

I plan to assist my client in filing affirmatively with USCIS

Other

Is there anything else you’d like to share? If you answered “other” to any previous questions, please provide details here.

Submit

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