DS9 Document EFTA00598511

2C\S -4retillok Chief Counsel • V 60A Sh\e 1;O, Assistant Chicf Counsel U.S. Immigration and Customs Enforcement 11.5. Depanment of Homeland Security 26 Federal Plaza, R10130 New 1 ork, NY 10278 (212) 264-5916 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT NEW YORK, NEW YORK in the latter of ) \- \)\ \ \C-,(1(‘ O a % ) 14,. /Deportation Proceedings ) Pile No.: A (7 - -- C\ ',ration Judge CI% -7—%9 7 —O %A Pea Heittilff R \OI -1:1-1 V6.1 JOINT MOTION TO DISMISS WITHOUT PREJUDICE EFTA00598511 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT NEW YORK, NEW YORK In the Matter of \t'Ac- V-Al Nk CV\ In emova /Deportation Proceedings File No.: A -/ — 1 ) ) JOINT MOTION -ro DISMISS WITHOUT PREJUDICE The U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Department), and the respondent. by and through their respective undersigned counsel. jointly move the Immigration Judge to dismiss the instant proceedings in the above- captioned case to allow the respondent to pursue his/her application(s) for adjustment of status before U.S. Citizenship and Immigration Services (USCIS). The parties agree that any dismissal or termination pursuant to this motion is without prejudice and does not constitute a final judgment rendered on the rents of any issue in these proceedings. Should USCIS deny the visa petition on the basis of which the respondent is seeking adjustment of status, or should t ISCIS determine either that the respondent is ineligible • for adjustment of status, or that the respondent should be denied adjustment for any reason, the respondent understands and agrees that the Department may seek to commence removal proceedings anew. See generally 8 C.F.R. § 1239.2(c) (providing that dismissal -shall he without prejudice to the alien or the Department of Homeland Security"). EFTA00598512 The respondent acknowledges his/her obligation to notify the USCIS in writing of each change of address and new address within ten days from the dale of such change pursuant to section 265 of the Immigration and Nationality Act. Based upon the forgoing, the panics request that the Immigration Judge grant this joint motion to dismiss without prejudice. Attached, for the Immigration Judge's convenience is a proposed order relating to this motion. Respectfully submitted, Dated: —) h.-3 ILI Dated: 0 -1 2 -2-i2n 1 cy lace 1 s\\‘,..er i cc g& (1/2 U.S. Immigration and Custor Enforcement U.S. Department of Homeland Security 26 Federal Plaza, Rrn 1130 New York, NY 10278 212-264-5916 n / Attorney for the respondent 4a gastaywag C(.76O/91C II gemowirt, ;writs madiote7 wolf 7ii- 146- f1131I - 713-tif- P- 4 4€44 g ptuwe, eta 3 EFTA00598513 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT NEW YORK, NEW YORK In the Nlatter of: ( 7)\ Vo-A( ..7•\ \k‘ File No.: A I (\5, • ; ORDER OF THE IMMIGRATION JUICE Upon considetsition of the Joini hlation to Dismiss without Prejudice, the Court states the following: The panics have agreed to the dismissal of the instant proceedings without pctudtce so as to permit the respondent to pursue adjustment of status before U.S. Citizenship and Immigration Services, U.S. Depanment of Homeland Security. 2. Other: THEREFORE. it is HEREBY ORDERED that the motion be: • I GRANTED. Good cause has been established for this motion. These proceedings are hereby terminated without prejudice. This termination order does not constitute a final judgment rendered on the merits of these proceedings. DENIED. Immigration Judge cits,c‘o Date: Certiticate of Service This document was served by: O Mail O Personal Service To: O Alien O Alien cto Custodial Officer O Alien's Any/Rep O DHS Date: By: Court Staff EFTA00598514 CERTIFICATE OF SERVICE hereby certify that on July 23, 2014, I caused to be served by first-class mail a true and correct copy of the attached document upon the respondent through her counsel: M. Arda Beskardes, Esq. 11 Broadway, Suite 615 New York, NY 10004 by placing such copy in my office's outgoing mail system in an envelope duly addressed as indicated at left. David Shteingart Assistant Chief Counsel Department of Homeland Security 20 A078-858-610 EFTA00598515