A sua sponte motion is not the best approach because It is discretionary and should be avoided. Courts still have jurisdiction to review discretionary decisions. But if a motion to reopen as apply for and not be converted into a sua sponte-a motion on the judges own discretion, the MTR is reviewable by the courts of appeals. Therefore, (MTR ) should be equitably tolled allowing for exception to the 90 day rule -Which is reviewable according to the Supreme Court in Reyes Mata v. Lynch . The Supreme Court was able to stop the construing MTR as sua sponte motions.
It's sad that many judges are interpreting this in a limited fashion only for the stop time rule. Ignoring the concept of statutory consistency. So it's not an NTA for the stop time rule but it is for everything else. Ridiculous that such farcical justice goes on.
My wife and I are originally from Brazil. We came to US in 2005 through the border of Mexico. We were caught and released at the entry by Border patrols and were served with a NTA with no date and time. We’ve never received any other notice later on, and we never been inside Court ether. Now 14 years later, my wife and I have two USC kids. One of them has Autism and needs special assistance, special school, etc. Are we some how eligible for cancellation of removal and get a Green Card? Thank you.
What about people already removed from the United States with a defective notice to appear without the date and time. Can they ask to have their cases terminated because it
@@carlshusterman Mr. Shursterman is very sad when a lawyer and a former prosecutor waits for a "new president to change the laws"... Don't you believe in separation of powers? Do you believe in judicial restrain? what about the "Plenary Power Doctrine" which establish precedents over which branch of the government must reign over Immigration matters ( read it CONGRESS and not the EXECUTIVE BRACH...)...it's time for immigration attorneys fight for REAL IMMIGRATION REFORM and not executive bul like DACA/DAPA/DREAMERS...
@@CarlosSantos-mr2sf We fight for our clients every day in Court and before Congress, but "real immigration reform" requires a new law which must be passed by Congress and signed by the President.
![AP Government: Civil Liberties & Supreme Court Cases Review - Topics 3.1 - 3.9 [Ace the Exam]](/img/n.gif)
United States stop allowing anyone in our Country. All man must remain in your own land to be the blessing each promised God he/she swore to be.
A sua sponte motion is not the best approach because It is discretionary and should be avoided. Courts still have jurisdiction to review discretionary decisions. But if a motion to reopen as apply for and not be converted into a sua sponte-a motion on the judges own discretion, the MTR is reviewable by the courts of appeals. Therefore, (MTR ) should be equitably tolled allowing for exception to the 90 day rule -Which is reviewable according to the Supreme Court in Reyes Mata v. Lynch . The Supreme Court was able to stop the construing MTR as sua sponte motions.
This makes me sick right now-why should this guy benefit from not helping people then but want to do it now. He cannot have it both ways.
i got denied in my last hearing for cancellation of removal .lawyer never prepared me for the questions .didnt let my witness enter either
I’m sorry to bother just wanted to ask you what type of questions did the judge ask you?
It's sad that many judges are interpreting this in a limited fashion only for the stop time rule. Ignoring the concept of statutory consistency. So it's not an NTA for the stop time rule but it is for everything else. Ridiculous that such farcical justice goes on.
If the date keep changing
Phone number or email veterans deported
My wife and I are originally from Brazil. We came to US in 2005 through the border of Mexico. We were caught and released at the entry by Border patrols and were served with a NTA with no date and time. We’ve never received any other notice later on, and we never been inside Court ether.
Now 14 years later, my wife and I have two USC kids. One of them has Autism and needs special assistance, special school, etc.
Are we some how eligible for cancellation of removal and get a Green Card?
Thank you.
What about people already removed from the United States with a defective notice to appear without
the date and time. Can they ask to have their cases terminated because it
What if a reentry married to usc with usc children had a defective NTA?
You should schedule a consultation with an attorney. Please see www.shusterman.com/schedule-immigration-consultation/
I had continuous presence in the U.S. for 36 years 1976 to 2013 without deportation charge in the OSC File A27 623 342
Do you have a question?
@@carlshusterman Mr. Shursterman is very sad when a lawyer and a former prosecutor waits for a "new president to change the laws"... Don't you believe in separation of powers? Do you believe in judicial restrain? what about the "Plenary Power Doctrine" which establish precedents over which branch of the government must reign over Immigration matters ( read it CONGRESS and not the EXECUTIVE BRACH...)...it's time for immigration attorneys fight for REAL IMMIGRATION REFORM and not executive bul like DACA/DAPA/DREAMERS...
@@CarlosSantos-mr2sf We fight for our clients every day in Court and before Congress, but "real immigration reform" requires a new law which must be passed by Congress and signed by the President.
Continue and forever continue to deport deport and deport everyone who is not a citizen!
interesting development