I am not sure what you are getting to here, but I think his plan is not to deny any of those, but to deny the charge and accusation that he violated his visa, which is what put him in removal proceedings. But the question here is, what are the consequences of filing a written pleadings with the court 6 months before the next hearing date? remember he has to follow the court set deadline of Dec 1st for filing the pleadings. His worry is, he will concede that he is not a USC, he is a native of his country of birth, but he will deny that he violated the terms of his visa. My question obviously is, whether his filing will cause any adverse effect on his current state until the next hearing? Can the court or DHS act on the filed written pleadings? or will they usually wait till the next hearing date and settle the matter in court?
I understand that ICE will fight it and try to support each charge, but what we are worried is that will just filing of the written pleadings will initiate any process from either DHS or IC? or will they wait till the next date which is in June or July I believe of 2014. Coz by then he will have his U visa and ICE has agreed in theory that if he gets an approval they will join in a motion to terminate. Like I said before, all he wants to know is whether filing the written pleadings would initiate any proceedings against him? he is a little confused and so am I about why would a Judge grant the continuance and set a new date, but at the same time ask him to file written pleadings within the end of the month? Is there anything that we are missing?
And just to add to that, he is a whistleblower with a federal agency, and there is a statute that protects him until the agency is done with the case he initiated. The federal agency is also his sponsor for the U visa.
I think he is working with federal agents on an investigation and they consider him a whistleblower and he was told that there is a statute that protects whistleblowers until the investigation is complete, and like I said the agency is also his sponsor, he is going to use the statue to prove that there was no intent/nor did he violate the terms of his work visa, which is what is alleged on his NTA.
or do you mean to say that he needs to explain his defense when he files his written pleadings? Is that what you are getting to? He is worried if he will be removed even before his court date if he files the written pleadings?
There is no provision in the law that makes someone not deportable from the U.S. because they are a whistleblower. So if he tries to deny that charge, the judge is just going to find him deportable anyway because no such provision in the law exists. HOWEVER, first I want you to take a look at this article because what can happen is that he could receive “prosecutorial discretion” because of his whistleblowing and that means that for now, they would not deport him:
And here is an article about Prosecutorial Discretion:
But now for more good news….let me explain the NTA and the rest of the removal process. Whether he admits and concedes the allegations or not, they are going to easily be able to support the allegations against him. So let’s say that he admits them all or they sustain them all (one or the other is going to happen), he isn’t going to get deported on the spot. They will ask what relief from Removal he is seeking. Those can be Asylum, Withholding of Removal, Cancellation of Removal, Adjustment of Status, or a few other things including the U status. So at that hearing or the next hearing, he would explain that this is the relief he is seeking and he will present some evidence that the U status is pending and if it looks like he has a reasonable chance, the judge should continue to grant continuances until the U case is settled. If it is approved, he can ask for a hearing to administratively close the removal proceedings and that would be that. So I hope that answers your question. If he tries to deny any allegations, they will set a hearing which is fine, but at that hearing they are going to sustain the charges of removability. It doesn’t hurt him to admit or deny especially since he cannot really win a denial of the charges, or at least it doesn’t look like it to me from the information that you have given me, it will just cause him to probably have to go to court an additional time. But like I said, the important part is what comes after which is when he will explain the relief from removal that he is seeking.
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Thank you for explaining, just to clarify, what you mean is:
1. Just the filing of the written pleadings by Dec 1st is not going to cause anything to happen to him before the next hearing date.
2. All matters no matter how he pleads will be addressed at the next hearing in 2014 that the judge has scheduled.
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