Termination Of Proceedings

Removal proceedings can be terminated if the government cannot prove that the alien is removable from the United States. It is not enough for the government to simply allege or even prove that a crime was committed. The government bears the burden of proving that the crime meets the definition of an offense that renders the alien removable. This is no simple task as the government must make this proof based on a closed universe of documents called the "record of conviction."

The analysis for whether an offense qualifies as a removable offense is very complex and is discussed here.

If an alien is going to seek termination of proceedings, it is important to raise that issue at the pleading phase of the removal proceeding. It is often necessary to deny any allegations relating to the crime and also the criminal ground of removability. If removability is denied, the Judge will normally set a separate hearing just on the issue of removability. If the allegations relating to the crime are admitted or the ground of removability is conceded, the alien could waive his right to contest removability even on appeal.

Berke Law Offices has successfully litigated countless cases on issues of removability including cases involving fraud, drug crimes, counterfeiting, perjury, theft, sex offenses, and child abuse. In this video, Berke Law Offices successfully argues at the U.S. Court of Appeals that his client's conviction for perjury in California does not render him removable as an alien convicted of an aggravated felony.