Motion to Terminate

Fighting for Your Right to Stay: Motion to Terminate Deportation Proceedings

One of the most trying and uncertain periods in an immigrant’s life may be when they are placed in removal proceedings. It’s not always the end of the road, though. In numerous cases, people may have compelling legal arguments to ask the court to completely stop these proceedings. A motion to terminate deportation can help with that.

At our New York immigration law office, we help clients file strategic, evidence-backed motions to terminate removal proceedings, offering a path to legal relief and a future in the U.S.

What Is a Motion to Terminate?

A motion to terminate is a formal request submitted to an immigration judge asking for removal (deportation) proceedings to be ended. This is different from asking for relief from removal, like asylum or cancellation of removal; instead, you’re asking for the proceedings to be dismissed entirely because you should not be in removal to begin with.

Common reasons to file an EOIR motion to terminate include:

  • You’re not actually removable under the law cited in the Notice to Appear.
  • You have pending relief or a pathway to lawful status (e.g., approved I-130 or I-485).
  • DHS has insufficient evidence to proceed with removal.

Our knowledgeable staff can examine your case and build a solid strategy to help terminate removal proceedings and give you the peace of mind you deserve.

When Should You File a Motion to Terminate?

The timing of a motion to terminate deportation is critical. Ideally, you or your attorney should file early in the proceedings, especially if there are legal flaws in the Notice to Appear or if you have new evidence of eligibility for status adjustment.

You may also file a motion to dismiss an immigration case if DHS agrees you’re not subject to removal based on current immigration law, or if prosecutorial discretion is exercised in your favor. Our office provides complete support from start to finish, ensuring all legal arguments, forms, and deadlines are handled with precision.

Motion to Terminate vs. Cancellation of Removal

Many people confuse a motion to terminate with a cancellation of removal motion, but they serve very different purposes:

  • Motion to Terminate: Requests that removal proceedings be stopped entirely, often due to legal or factual errors in the government’s case.
  • Cancellation of Removal: Seeks relief from removal and allows someone to stay in the U.S. despite being removable, based on meeting specific hardship and residency requirements.

If you’re unsure which option is right for you, we’ll review your immigration history and determine the most strategic path forward.

Why Trust Our Legal Team?

  • Extensive experience filing EOIR motions to terminate in NYC immigration courts
  • Personalized, evidence-based strategies tailored to your case
  • Supportive, responsive guidance from a team that cares about your future
  • Track record of success in both motions to dismiss immigration cases and removal defense

Since your life, your family, and your future are at stake, we handle every case with the sensitivity and consideration it requires.

FAQ's

Motion to Terminate Immigration Proceedings

If the judge approves the motion, your removal case is closed, and deportation proceedings are ended. You may still need to pursue other immigration benefits separately.
Yes. DHS can, and often does, oppose such motions. That’s why it’s critical to have a skilled attorney who can prepare strong legal arguments and negotiate effectively.
While often used interchangeably, “dismiss” is more informal. In immigration court, the proper term is motion to terminate removal proceedings.
The quality of your legal arguments determines your level of success, evidence, and current immigration law. We’ll give you a precise, honest evaluation during your consultation.

Don’t Wait—Take Control of Your Immigration Case

If you’re facing deportation, don’t wait for the situation to worsen. A properly filed motion to terminate deportation could be your best chance to stop removal in its tracks. We’re here to help you and fight for your rights while properly guiding you through every step of the process. 

Call now to schedule your confidential consultation. Let’s work together to protect your future and secure your place in the U.S.

Office

75 S Broadway, Suite 400, White Plains, NY 10601