XXX
XXX
XXX
XXX
XXX
Respondent in pro per
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE OF IMMIGRATION REVIEW
IMMIGRATION COURT
___________________________________
In the Matter of: ) File No.: XXX
)
XXX, )
Respondent. )
)
In Removal Proceedings. )
___________________________________
RESPONDENT’S MOTION TO RECALENDAR
MOTION TO RECALENDAR
NOW COMES Sharon George Philip, Respondent, and files this Motion to Recalendar, and for cause would show this Honorable Court as follows:
- STATEMENT OF FACTS
- Respondent entered the United States on or around XXX
- Persecution of Christians in India is witnessing an unfortunate surge, a concerning trend that underscores the need for attention and intervention. This escalating situation is exemplified by Respondent’s personal experience, whose family, including his brother, met a tragic fate due to this persecution.
- The loss of his entire family serves as a poignant testament to the severity of the challenges faced by Christians within India.
- Respondent’s journey to the United States is intricately linked to the perilous circumstances he encountered in his home country.
- In India, he endured not only the heart-wrenching loss of his family but also the deprivation of his hearing prior to his arrival in the XXX. This underscores the urgency of his decision to seek refuge in a nation that provides a haven from the adversities he faced.
- As Respondent prepares for his trial, he intends to present a compelling case, bolstered by a collection of pertinent articles that elucidate the distressing reality of the situation.
- Recent instances of church demolitions and the targeted killings of Christians in Manipur serve as stark reminders of the profound challenges encountered by those attempting to maintain their faith in India. These events underscore the formidable hardships faced by Christians and the imperative to address these issues at a broader societal level.
- Removal proceedings were initiated against Respondent on or around XXX.
- Removal proceedings against Respondent were administratively closed by this Court on XXX
- Respondent would like this Court to recalendar the proceedings that were administratively closed by the Court.
- ARGUMENT IN SUPPORT OF MOTION TO RECALENDAR
- The principle of administrative closure within the realm of immigration law serves a crucial role in maintaining an equitable and efficient legal process. It is imperative to underscore that administrative closure is not intended to issue a final order regarding the respondent’s immigration status.
- Rather, its primary purpose is to temporarily remove a case from the judge’s active calendar, allowing for the resolution of pending issues and facilitating a more effective legal process that respects the rights of all parties involved.
- Administrative closure, as recognized in immigration law, is a procedural tool designed to balance the need for judicial efficiency with the protection of due process rights. It allows the immigration court to temporarily pause proceedings while awaiting the resolution of certain issues that might impact the case’s trajectory. It is important to emphasize that this measure is not a pronouncement of the respondent’s immigration status but rather a procedural decision to ensure a fair and comprehensive resolution.
- Administrative closure aligns with broader principles of judicial economy. Overburdened dockets can inadvertently lead to rushed decisions that do not adequately consider the nuances of individual cases.
- Administrative closure, by affording the court and the parties involved the necessary time to address ancillary matters, ultimately contributes to more informed and just outcomes. This procedural respite is not meant to unduly delay proceedings but rather to enhance their quality and integrity.
- In immigration proceedings, the ability to reinstate a case on the judge’s calendar through a motion to recalendar holds profound significance. This procedural mechanism underscores the commitment to due process and ensures that all parties involved have an opportunity to present their case comprehensively.
- The act of filing a motion to recalendar, as undertaken by Respondent, serves as a vital step toward restoring this case to its rightful place in the judicial process and facilitating a fair and just resolution.
- Respondent’s decision to file a motion to recalendar demonstrates a commitment to actively participate in the proceedings and to contribute to the pursuit of a just resolution.
- This motion to recalendar exemplifies the principle of proactive engagement within the legal process. It signifies Respondent’s dedication to navigating the intricacies of immigration law responsibly and effectively, all while representing herself in these proceedings.
- By seeking the restoration of the case on the judge’s calendar, Respondent is showcasing his understanding of the importance of timely and thorough participation, as well as his respect for the procedural rules that govern the immigration court.
- In the realm of legal proceedings, the principle of fairness and the avoidance of prejudice stand as paramount values. As Respondent files a motion to recalendar, it becomes evident that such a procedural step, when executed in accordance with established guidelines, can indeed be pursued without causing prejudice to any party involved.
- The absence of prejudice resulting from the motion to recalendar highlights the balanced nature of the legal process and reinforces the commitment to ensuring equitable proceedings.
- This motion to recalendar is not an arbitrary maneuver, but a deliberate choice aimed at preserving due process and the integrity of the legal proceedings. Respondent’s intent to pursue recalendaring underscores her responsibility in advocating for her case in a manner that aligns with established procedures. This diligence and proactive approach, far from causing prejudice, contribute to a more effective and informed resolution of the matter.
- Moreover, the concept of prejudice within legal proceedings often relates to one party gaining an unfair advantage over another. In the context of the motion to recalendar, the procedural step itself does not inherently confer any undue advantage to Respondent. This court’s authority to assess the merits of the motion ensures that recalendaring is conducted in a manner that upholds the interests of all parties involved.
- The availability of recalendaring, coupled with the court’s discretion in evaluating its impact on the overall proceedings, mitigates concerns of systemic disruption and ensures that the pursuit of fairness remains paramount.
- Furthermore, the absence of prejudice resulting from recalendaring aligns with broader principles of justice and due process. The legal system is rooted in the idea that all parties should have the opportunity to present their case and be heard.
- By providing a mechanism for recalendaring, the legal process reaffirms its commitment to affording each party the chance to participate fully and without hindrance, thereby fostering an environment that values substantive engagement over procedural obstacles.
- PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Respondent respectfully requests this Honorable Court to GRANT her Motion to Recalendar and schedule a master calendar hearing.
Dated this ____ day of XXX.
Respectfully Submitted,
___________________________________
Sharon George Philip,
Respondent in pro per
XXX
XXX
XXX
XXX
XXX
Respondent in pro per
XXX DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE OF IMMIGRATION REVIEW
IMMIGRATION COURT
___________________________________
In the Matter of: ) File No.: XXX
)
XXX, )
Respondent. )
)
In Removal Proceedings. )
___________________________________
Exhibit List in Support of Respondent’s Motion to Recalendar
Exhibit 1 – Affidavit of XXX
Exhibit 2 – XXX asylum application.
Exhibit 3 – Five articles to support Respondent’s application
PROOF OF SERVICE
On [ Insert Date], I [Insert Name], served a copy of Respondent’s Motion to Recalendar by first class mail to the U.S. Immigration and Customs Enforcement Office of Chief Counsel, at the following address:
[Insert Address]
[Insert State & ZIP Code]
Dated this _____ day of August, XXX.
___________________________________
[Insert Name of Person Serving]
XXX
XXX
XXX
XXX
Respondent in pro per
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE OF IMMIGRATION REVIEW
IMMIGRATION COURT
___________________________________
In the Matter of: ) File No.: XXX
XXX, )
Respondent. )
)
In Removal Proceedings. )
___________________________________
[PROPOSED] ORDER GRANTING RESPONDENT’S MOTION TO RECALENDAR
After careful consideration of the Motion to Recalendar submitted by the Respondent, Sharon George Philip, in the matter of immigration case Case No: XXX. and in accordance with the principles of fairness, due process, and procedural justice, the Respondent’s motion to recalendar is hereby granted.
The case shall be rescheduled for a new hearing date that accommodates both the court’s schedule and the Respondent’s professional commitments, as stipulated in the motion.
Should there be any additional steps or documentation necessary to effectuate the recalendaring process, the relevant parties will be promptly notified.
IT IS SO ORDERED.
Dated this _____ day of [Month], XXX.
___________________________________
[Insert Name of Judge]
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )