SIJS Motion to Reopen Proceeding

SIJS MOTION TO REOPEN PROCEEDING

In the Immigration Court at .

In the Matter of: Respondent Name: ; A-Number:

Date of Birth: ; Country of Birth:

RECITALS

WHEREAS, Respondent is a minor or juvenile who was placed under the jurisdiction of a juvenile court or has a custody or dependency order; and

WHEREAS, subsequent to the initiation and adjudication of the above-captioned removal proceeding, a juvenile court issued factual findings relevant to the requirements for Special Immigrant Juvenile Status, including findings that reunification with one or both parents is not viable and that it is not in the Respondent’s best interest to be returned to the country of nationality or last habitual residence; and

WHEREAS, Respondent seeks reopening of the proceeding to present newly available evidence and juvenile-court determinations establishing eligibility for Special Immigrant Juvenile Status and related relief.

NOW, THEREFORE

Pursuant to the Immigration Judge's authority to reopen removal proceedings and in the interest of justice, Respondent moves the Court to reopen the above-captioned case for the limited purpose of adjudicating Special Immigrant Juvenile Status (SIJS) and any derivative or ancillary relief.

1. RELIEF REQUESTED

Respondent respectfully requests that the Court enter an order reopening the proceeding and grant the following relief:

1. Reopen the removal proceedings to consider evidence establishing Respondent's eligibility for SIJS;
2. Accept and admit the juvenile court order and related evidence into the record;
3. Enter findings necessary for Respondent's referral for SIJS-based immigration relief and, where appropriate, administrative closure or continuance for adjudication of any application for adjustment of status;
4. Grant any other relief the Court deems just and proper.

2. JURISDICTION

The Immigration Court has authority to reopen proceedings to consider newly discovered evidence and to effectuate justice in cases where a juvenile court determination has been rendered after the initiation of removal proceedings. The Court's jurisdiction extends to admitting evidence, taking judicial notice of juvenile court orders, and issuing orders appropriate to facilitate consideration of SIJS-based relief.

3. STATEMENT OF FACTS

Juvenile Court/Dependency Order rendered by on .

4. LEGAL BASIS FOR REOPENING

Reopening is warranted because the juvenile court determination constitutes newly available, material evidence that was not before the Court at the time of the original removal proceedings. The juvenile-court findings demonstrate that reunification with one or both parents is not viable and that it is not in the Respondent's best interest to be returned to the Respondent's country of origin. Due process and fairness require permitting Respondent to present that evidence for consideration of SIJS relief.

Additionally, Respondent submits that reopening is appropriate because the evidence is material, was not available earlier with reasonable diligence, and would likely change the outcome of the proceedings as to eligibility for relief.

5. EVIDENCE AND ATTACHMENTS

The motion is supported by the following documents (check all that are attached):

Juvenile court order with findings regarding custody/dependency, reunification, and best interest.

Birth certificate or other proof of identity and age.

Declarations or affidavits supporting factual assertions and chronology.

Other supporting documentation (medical, police, school records). If checked, describe:

6. SERVICE INFORMATION

7. PRAYER FOR RELIEF

WHEREFORE, Respondent respectfully requests that the Court:

1. Grant this Motion to Reopen;
2. Admit the juvenile court order and other supporting evidence into the record;
3. Refer Respondent for SIJS adjudication and take such further action as is necessary to allow consideration of SIJS-based relief;
4. Grant such other and further relief as the Court deems just and appropriate.

8. GOVERNING LAW; MISCELLANEOUS PROVISIONS

Governing Law: This Motion is submitted under the Court's authority to reopen proceedings and under applicable immigration statutes, regulations, and case law. The parties submit to the Court's jurisdiction to adjudicate the relief requested herein.

Entire Agreement: This Motion contains the entire request for the relief described herein and supersedes any prior oral or written requests made to the Court concerning the same subject matter.

Severability: If any provision of this Motion is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9. DECLARATION AND CERTIFICATION

I declare under penalty of perjury under the laws of the United States of America that the statements set forth in this Motion and any attached affidavits or declarations are true and correct to the best of my knowledge and belief.

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