What is a Motion to Dismiss?

A Motion to Dismiss is a legal request made to a court in which the person filing the motion is asking the court to end the case against them without further action. In North Carolina Immigration Law, a Motion to Dismiss is a request made by a non-citizen facing possible deportation. The motion asks the court to end the deportation proceedings and dismiss the case against them. The person may make this request for a variety of reasons, including lack of evidence, invalid paperwork, or an expired visa. If granted, the Motion to Dismiss means the court is not going to act on the deportation. While this can be a tremendous relief to the person facing deportation, the motion does not guarantee the government will not attempt to re-file the case. Additionally, the person making the motion must be able to show why it should be dismissed and prove the dismissal is in the best interest of the court. The outcome of the Motion to Dismiss will depend on the individual facts of the case, as well as the interpretation of the court. When deciding on the motion, the court will consider the evidence provided, the law, and any potential policy options. In some cases, the court will require individuals to appear in court for a hearing, where they will be able to present their arguments. If the court decides to dismiss the case, the person facing deportation will be allowed to remain in the country without fear of removal.

THELAW.TV ofrece respuestas en español a todas las preguntas sobre la ley de inmigración.

Related FAQs

How do I apply for an EAD?
What is an Administrative Removal Order?
What is an Unlawful Presence Waiver?
How can I find out if I am being detained for deportation?
What is a Motion to Reopen or Reconsider?
How can I apply for an Immigration Bond?
What is the deportation process?
What is a stay of removal?
What is “voluntary departure” in an immigration court?
What is a Motion to Reopen?

What is a Motion to Dismiss?

Related FAQs

Related Blog Posts