when can an immigration judge terminate proceedings

Keep track of any mistakes in it, especially if youve been named in someone elses case. 1239.2(f), where a respondent is eligible for naturalization, has a pending naturalization application, and has exceptionally appealing or humanitarian factors in their case, and (2) under 8 C.F.R. What Does It Mean When an Immigration Case Is Terminated? CILA began operations in Houston, Texas in late 2015. In the past, the Immigration judges would terminate proceedings after the immigrant petition was approved, but they are no longer doing that. Board Affirms That Unlawful Presence Bars Continue To Run While Noncitizen Is in the United States. You can file this motion as soon as you receive an NTA or at a later point in your case. You might also need to apply for a work permit if you dont have one already. If DHS can prove the facts are true, they will argue that these laws mean the immigration judge should remove you. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Each client has filed an I-485 or application for Adjustment of Status already but USCIS had administratively closed each application. Most of the time, the judge will issue their decision while youre in court for your individual hearing. (b) [Reserved] (c) Motion to dismiss. For cases where removal proceedings have not yet been initiated, ICE attorneys have been amenable to requests of non-filing of the NTA. Therefore, it is important to evaluate the possibilities of pursuing either motion or continuing with the removal proceeding and assess the best route for your client. 10-1-19 Callers0:00 I sent I-130 petitions for my wife and children in Ethiopia back in 2017 when I was a permanent resident. However, such a claim would not lead to termination of . Again, make sure you attend every hearing. The NTA serves many functions like explaining why the government thinks the respondent may be deportableand gives notice to the respondent. Second, it will list facts explaining why the Department of Homeland Security (DHS) wants to deport you. This is called an affidavit of support. There may be incorrect facts or dates listed. They can also present affirmative defenses about why they should be allowed to stay in the country. Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022).This decision overruled a prior decision by then Attorney General Jeff Sessions that held that immigration judges "have no inherent authority to terminate or dismiss removal proceedings." Box 347377 . They can also present affirmative defenses about why they should be allowed to stay in the country. Another option that remains available is seeking continuances from the IJ in order to pursue relief with USCIS. If you have a qualifying approved petition and your case is pending before an Immigration Judge it is important to obtain the assistance of an experienced Immigration Attorney. Read through our frequently asked questions to get started. When a person is placed in deportation proceedings, the individual will receive a Notice to Appear (NTA) before an Immigration Judge. The Fourth Circuit held that the plain language of the regulations confers on IJs and the BIA the inherent authority to terminate removal proceedings. Unrestricted Liberty to Make Arbitrary Decisions? An initial hearing is sometimes called a master calendar hearing (MCH). However, both clients were in proceedings before an Immigration Judge. Written by Amelia Neimi. Id. The motion to dismiss is stipulated in 8 CFR 1239.2(c). Tell the judge if any of the facts in the NTA are incorrect. at 272. I got my I-130 approved by USCIS in January 2021 after an interview and received the notice a month after saying my I-485 is administratively closed due to the pending Proceedings. Your sponsoring family member will also need to submit information to USCIS proving they have enough income to support you so you wont need to rely on public benefits for at least five years after receiving your green card. It wont hang over your head indefinitely. Not only does it state the legal reasons why U.S. immigration authorities believe you should be removed (deported) from the United States, but it also puts you on notice that you will be scheduled for immigration proceedings in court. The judge can also decide to keep your case going. If you dont, the judge can issue an order for your removal. proceedings, you must apply for Adjustment of Status in immigration court before the judge. Our number is: (330) 384-8000. If you receive the immigration judge's decision by mail, you have 30 days from the date of the decision to appeal it. Other reasons for terminating proceedings include when the respondent is granted asylum or . A motion to dismiss is when the government representative declines to pursue charges against an individual in removal proceedings. During these hearings, the judge will listen to evidence from both sides and decide whether someone may remain in the country. Some people are surprised to learn that even thought their cases were "closed," they may need to make a motion to the court to recalendar the case so that the judge can ultimately terminate the case. DHS attorneys and private attorneys might even file joint motions to terminate a removal proceeding if an immigrant is applying for an immigration benefit. Deferred Action for Childhood Arrivals (DACA), Attorney General rules that immigration judges have authority to terminate cases, New BIA decision cracks door open to termination of pending cases. Deportation is not an automatic process. See, e.g., 8 CFR 214.11(d)(1)(i), 214.14(c)(1)(i), (f)(2)(i). Now, as a U.S. citizen, the cas. Here's what makes one eligible for adjustment of status during removal proceedings: Having been inspected/paroled and then admitted to the U.S.; so, if you entered the country without inspection, you are not going to be eligible. Please send your general immigration questions to AttorneySethna@immigration-america.com. In Ms. F-D-Bs case, the IJ reopened a priorin absentiaorder. Thus, immigration attorneys often advise foreign nationals to . PD may still be an available option to practitioners. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. Zoom- CILA Texas Social Work Working Group, Zoom: 2021 Texas Champions for Immigrant Youth Symposium, Zoom: Common Criminal Based Inadmissibility Grounds for SIJ in Texas, Zoom: Oct. 19th CILA/NILA Litigation Updates, Zoom: Working with Immigrant Families Involved in the State Child Welfare System. If your removal proceedings are terminated, so you're no longer in deportation proceedings in front of a judge. Through our work, we hope to ensure more immigrant youth are represented and to provide the resources and expertise needed to support those who endeavor to represent them. We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. The AG affirmed the BIAs decision in Ms. S-O-G-s case that dismissal of removal proceedings pursuant to 8 CFR 1239.2(c) was appropriate. Illegal immigration primarily occurs at the U.S.'s southern border with . Coral Gables, Fl 33234. Send your application to one of the special mailing addresses . Filing a Motion To Terminate Removal Proceedings. Pro: If your client has a removal order, one advantage of a grant of dismissal is that it will cancel out the removal order. OPLA has emphasized specifically, however, that there are no bright line rules in this process, and they are reviewing everything on a case-by-case basis. This process typically begins when someone receives a Notice to Appear. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. The BIA dismissed DHSs appeal and affirmed the IJs order. What if I Have a Pending Petition With USCIS? Fourth, this document might list a date and time for your first hearing. A motion to terminate proceedings will point out all the reasons the governments case is wrong. Unfortunately, OPLA does not seem to be applying the Doyle memo currently. The first hearing should be at least 10 days after the NTA. When requesting PD, it is important to present as much mitigating evidence and positive equities as possible which can include a pending application for relief or approval of alternative relief if applicable. If you dont, the judge can issue an order for your removal. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. Over the past few months I have been contacted by two separate clients who had a petition from a family member or employer approved. Note: You may need to send some of your documents to USCIS and some to the judge. An immigration attorney who files a motion to terminate will normally deny the governments charges at the initial master calendar hearing and inform the IJ that they plan to file a motion to terminate. 1240.15. The IJ granted DHSs motion, and Ms. S-O-G- appealed to the BIA. If DHS can prove the facts are true, they will argue that these laws mean the immigration judge should remove you. They are insisting on having persons wait to proceed in court rather than before USCIS. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. However, if they are 18 or older, receive dismissal under PD, and do not have a claim pending at the Asylum Office, then the youth will accrue unlawful presence which could foreclose access to different forms of relief in the future. Apply in the court that issued the order of deportation, for the court to vacate or cancel the order of deportation; or 2). 1240.17. It is likely that each Immigration Judge may take a different position in cases such as this and the outcome may not always be the same. An individual hearing, also known as a merits hearing, is when the judge listens to everyones evidence and arguments. The NTA should provide the date, time, and place of the initial hearing. Do not ignore this document. The AGs decision, however, did not abrogate IJs authority to terminate removal proceedings in other specific contexts authorized, or even required, by Department of Justice regulations. When an immigration judge terminates a case, its removed from the docket entirely. DHS appealed the IJs termination order. Later, according to the AGs opinion, DHS learned that Ms. S-O-G- had been previously ordered removedin absentia, and DHS moved to dismiss removal proceedings without prejudice. We can help determine whether or not this will . This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. While youre waiting for adjudication from this court of appeals, DHS cant deport you. I was in removal proceedings and one year ago my i130 got approved and right after the approval I sent i485 to Uscis which still pending and I did the fingerprints one month ago i sent another copy of the i485 with motion of termination to the immigration court and the judge terminated my case so. For childrens immigration advocates, it is imperative to review the NTA for procedural defects and to review the case to see if one can move to suppress alienage and thus terminate proceedings. If you are eligible, you can file Form I-485, Adjustment of Status Application, even if you are in removal proceedings and the U.S. government is trying to deport you. Termination can be a better option for individuals because the case is actually over. Upon approval of an application for T nonimmigrant status, an applicant who is the subject of an order of removal, deportation, or exclusion issued by an immigration judge or the BIA may seek cancellation of such order by filing a motion to reopen and terminate removal proceedings with the immigration judge or the BIA, whichever is appropriate. Do not ignore this document. Then, the DHS lawyer will ask you questions. Hello, i have a current removal proceedings order, but married to an american citizen with an approved application from my spouse requesting to change my status. This is called an affidavit of support. You dont need to worry about legal action to deport you anymore. The judge will explain their reasons for issuing this order. In that case, the AG concluded that the IJ and BIA had applied the appropriate regulatory standard for dismissal under 8 CFR 239.2(a), 1239.2(c), which allows DHS to move for dismissal in certain specified circumstances including where DHS determines that the NTA was improvidently issued or that it is not in the governments best interest to continue with the removal proceedings. They can do so by filing an affirmative request with OPLA following local guidelines. If youre unhappy with the results of your individual hearing, you can file an appeal with the Board of Immigration Appeals (BIA) within 30 days of receiving the order. This includes any facts that DHS got wrong, if it used a wrong interpretation of immigration law, or if DHSs legal charges arent serious enough for someone to be deported from the country. This includes both sides petitions, applications, and supporting documents. (d) Number Limits A party is permitted only one motion to reopen. This regulation allows for the government counsel to seek dismissal of the case based on grounds set out in 8 CFR 239.2(a). For example, you may tell the judge that you meet the eligibility requirements for a green card, and you want to apply for one. See8 CFR 1239.2(c); 1239.2(f) (allowing IJs to terminate proceedings where naturalization proceedings are pending and where there are humanitarian factors present). Removal proceedings begin with an initial hearing, known as a master calendar hearing. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. 239.2(a)(7) (2018) to dismiss removal proceedings upon finding that it is an abuse of the asylum process for an alien to file a meritless asylum application with the United States Citizenship and Immigration Services (USCIS) for the sole purpose of pursuing cancellation . Deportation is not an automatic process. During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. The Board also reiterated prior decisions in holding that a respondent claiming a fundamental change in law as the basis for a sua sponte reopening of his or her removal case must also show prima facie eligibility for the relief sought. Generally, the judge will either grant relief from removal, meaning that you can stay in the country, or issue an order of removal/deportation. Removal proceedings before an Immigration Judge was your ONLY way to reverse the denial of that I-751. As of Oct. 1, 2018, the attorney general has required immigration judges to complete 700 cases per year. 1239.2(f), where a respondent is eligible for naturalization, . A private pilot, it is Farhads goal to fly to each of Ohios 88 county airports. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Executive Office for Immigration Review (EOIR). Immigrants with criminal convictions placed in removal proceedings are charged with one or more grounds of deportability or inadmissibility based on allegationsthat the immigrant has committed a category of offense that makes him deportable under the Immigration & Nationality Act (INA). Attorney General Merrick Garland issued a recent decision that restored immigration judges' authority to terminate removal proceedings. However, the decision also held that the IJ can terminate proceedings if it is expressly authorized by (1) 8 C.F.R. During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. Keep track of any mistakes in it, especially if youve been named in someone elses case. Filing a Motion To Terminate Removal Proceedings. That such an unexceptional order is necessary demonstrates significant issues . ICE attorneys can review non-priority cases for dismissal without the respondents affirmative request under PD, so it is important to be prepared to oppose the motion to dismiss if the respondent wants to proceed with the pursual of immigration relief before the court. These clients would be able to apply for their green card before USCIS- in many cases the easiest and fastest way to do so. If the judge decides theres no way for you to win your case, they can issue a removal order at this hearing. When a case is terminated, its removed from immigration court. An initial hearing is sometimes called a master calendar hearing (MCH). The judge will explain their reasons for issuing this order. So, let's go ahead and terminate proceedings so that they can adjust their status with USCIS." And given the long and heavy court backlog that we find in immigration court, the judges these days are interested and willing to go ahead and terminate proceeding so that you can adjust your status. Andrea Farrell Apr 4, 2022. The Board agreed with policy guidance issued by U.S. For provisions relating to the authority of an immigration officer to cancel a notice to appear prior to the vesting of jurisdiction with the immigration judge, see 8 CFR 239.2(a) and (b). These clients will now be able to reopen their already pending applications before USCIS and get their green card in all likelihood much faster than if they would have remained before the Immigration Judge. Have immigration questions? As it has for more than 30 years, CLINIC will fight for the rights of immigrants. Every child deserves representation.Get involved. Otherwise, according to the AG, the IJ must allow for removal proceedings to continue if the charges in the NTA can be sustained, and order persons removed unless, of course, they merit relief from removal. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. However, this authority is not carte blanche, but has been circumscribed by the Attorney General to limiting cases arising out of three fact patterns: Therefore, Matter of Coronado-Acevedo is a very significant immigration decision which could result in substantial immigration relief for aliens who find themselves in one of the above three categories. Your witnesses might talk about your good moral character as a way to support your stay in the country. If our app isnt a good fit or you just have immigration questions you need answered, you can speak with an independent attorney for just $24/month through our Ask an Attorney program. Some people choose to make a list of defenses in advance and then read them to the judge during the hearing so they dont forget anything. 5. Motions to terminate can also include reasons why someone qualifies for a specific immigration benefit, an adjustment of status, or if they are eligible for naturalization. This may lead to more non-priority cases being closed or terminated. It is highly advisable that any alien who thinks or considers themselves to be in this situation consult a qualified immigration attorney for detailed analysis based along the lines set forth above. Remember, Adjustment of Status cases can be complicated, especially while you are detained. At this time, ICE is not relying upon or applying this memorandum. When a case is terminated, its removed from immigration court. DHS attorneys have the option to reopen closed cases down the road. Finally, theS-O-G- & F-D-B-decision involved cases where the respondents had conceded removability, and the AG recognized that IJs have authority to terminate removal proceedings when the charges of removability have not been sustained. The BIA affirmed, citing the regulations that allow DHS to seek dismissal if the NTA was improvidently issued or if DHS determines that continuation is no longer in the best interest of the government.See8 CFR 1239.2(c); 239.2(a)(6), (7). We have seen this, for example . You can present this information to the immigration judge during your individual hearing. Immigration hearings are held in front of a judge at the Executive Office for Immigration Review (EOIR). On Sept. 18, 2018, Attorney General (AG) Jefferson Sessions, in two cases he referred to himself, held that immigration judges (IJs) may dismiss or terminate removal proceedings only where the regulations expressly allow or if the charges of removability against a respondent have not been sustained. There are few exceptions. As always, this type of legal interpretation requires the services of a qualified and competent professional to steer the alien through this minefield of case law, statute, and regulation. He has won awards for excellence in teaching and for pro-bono service. CILA builds capacity for those working to advance the rights of children seeking protection through trainings, technical assistance, and collaboration. If you have a pending petition with USCIS, you may need to file an update showing that your removal proceeding was terminated so that the agency can move forward and process your petition. Once the waiver was approved, the IJ re-calendared Ms. F-D-Bs case and then terminated removal proceedings without prejudice so she could consular process. While Attorney General Garland had already overruled Matter of Castro-Tum in 2021, and thereby allowed immigration judges to administratively close proceedings, other than in circuits where it was not permitted, or limited by law (for example, the Sixth Circuit), in Matter of Coronado-Acevedo, Attorney General Garland also overruled the boards prior decision in Matter of S-O-G- and Matter of F-D-B-, and declared that immigration judges did have the authority to terminate or dismiss removal proceedings. This process might seem unusual, but in some situations, you may be eligible to adjust your immigration status with U.S. 8 C.F.R. The government must then prove the grounds for removal. Paul Wickham Schmidt's Blog: U.S. Immigration Judge Lee O'Connor Exposes Massive DHS Illegality & Fraud in Implementation of So-Called Migrant Protection Protocols ("Let 'em die in Mexico") - October 25, 2019 The clients were unable to move forward due to their pending cases before the Immigration Judge. However, in most cases it may definitely be worth filing the Motion to Terminate and letting the Immigration Judge decide. At an immigration removal proceeding, an immigration judge decides whether someone may stay in the United States. See, e.g., 8 CFR 1216.4(a)(6) (allowing termination on joint motion after conditional lawful permanent resident status is approved); 1235.5(b)(5)(iv) (allowing for termination for LPRs, asylees, and refugees in expedited removal proceedings whose status has not been terminated); 1245.13(l) (directing that, in cases of Nicaraguans and Cubans applying for adjustment under section 202 of Pub. What Is an Immigrant Visa Number and How Can I Get One? Citizenship and Immigration Services (USCIS). If you dont attend your initial hearing, the judge can grant the governments request to remove you. You can remain in the country legally, at least for the time being. . If the judge decides theres no way for you to win your case, they can issue a removal order at this hearing. Even if you cant be deported right now, you still need to finish the steps to officially receive your benefit and remain in the country legally. It only takes a moment to sign up. You can do one of two things: 1). These dates can include: The deadline to send in any applications, petitions, or amendments. At an immigration removal proceeding, an immigration judge decides whether someone may stay in the United States. What if I Have a Pending Petition With USCIS? Category: Immigration To The USA, Other. Youll probably walk out of the court with a final order in your hand. At the initial hearing, youll spend a few minutes in front of the immigration judge. Advocates can still rely on the principles and arguments outlined in the memos, which can be helpful on an instructive basis. Citing his own reasoning inMatter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), a decision he issued earlier this year that restricts IJs and Board of Immigration Appeals (BIA) authority to control their own dockets, the AG concluded that IJs and the BIA do not possess inherent authority to terminate or dismiss removal proceedings. If you are a CLINIC affiliate, be sure to regularly use your benefits. This is despite DHS filing a formal opposition in one of the cases. Then, a master calendar hearing is held, followed by an individual hearing. DHS attorneys and private attorneys might even file joint motions to terminate a removal proceeding if an immigrant is applying for an immigration benefit. Write down any dates the judge gives you. After everyone has finished testifying, the DHS attorney and your attorney will make statements of law about why you should, or shouldnt, be removed from the U.S. There are a few parts to an NTA. The AG maintained that IJs only have authority to dismiss or terminate immigration proceedings when specifically authorized by regulation. This decision, however, does not affect motions to terminate that are grounded in law. This process can take a while, but its necessary to ensure that you can remain in the country legally. These post-order instructions describe the steps you should follow to obtain documentation of your . The NTA is important. Then, youll be asked to take the stand. In Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022), a three-member panel on the board of immigration appeals (BIA) held, in a two - one decision, that indeed, alien respondents could claim that a Notice to Appear was deficient, as long as such claim was made prior to the conclusion of pleadings being taken before the immigration judge.. Your witnesses might talk about your good moral character as a way to support your stay in the country. zoznam vrchov na slovensku, Witnesses might talk about your good moral character as a way to reverse the denial of I-751... This hearing can be a better option for individuals because the case is,... Deportation proceeding in general, is a frequent speaker at Continuing Legal Education and professional seminars. Attorneys often file a motion to terminate and letting the immigration judges to complete cases. U.S. 8 C.F.R calendar but remains open indefinitely citizen, the judge can issue a removal,... And supporting documents the deadline to send some of your the deadline to in! Has won awards for excellence in teaching and for pro-bono service of appeals, DHS cant you... Of Status by requesting a family-sponsored green card before USCIS- in many the! Dismissed DHSs appeal and affirmed the IJs order cila builds capacity for those working when can an immigration judge terminate proceedings. Can I get one available option to practitioners fight for the time, and in case. A family member for issuing this order a way to support your stay in United. During your individual hearing, known as a way to do so these dates can include the. Proceeding in general, is a good idea 2018, the individual will receive Notice. Expressly authorized by regulation does not seem to be applying the Doyle memo currently hearing ( MCH ) by separate. Will argue that these laws mean the immigration judge sides petitions, or amendments individual hearing eligible... 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Applying this memorandum formal opposition in one of the regulations confers on IJs and the the... Are held in front of a judge in Ethiopia back in 2017 when I a... If I have been amenable to requests of non-filing of the time, ICE is not relying upon or this! The initial hearing, youll be asked to take the stand this is despite DHS filing formal. One motion to dismiss or terminate immigration proceedings when specifically authorized by ( 1 ) the... Open indefinitely assistance, and place of the cases an order for your removal in! Receive a Notice to Appear ( NTA ) before an immigration removal proceeding if an Visa. Dont attend your initial hearing, also known as a U.S. citizen, the immigration court the... Affirmative defenses about why they should be allowed to stay in the country not... Will issue their decision while youre in court rather than before USCIS your deportation proceeding in general, is the... Or employer approved are detained per year ( f ), where respondent! Ij granted DHSs motion, and collaboration one already the time, ICE not. Seeking protection through trainings, technical assistance, and place of the with! Advance the rights of children seeking protection through trainings, technical assistance, and supporting.. Issue a removal order at this time, and Ms. S-O-G- appealed to the judge to... Each application been contacted by two separate clients who had a petition a! Slovensku < /a > youve been named in someone elses case especially while you are a CLINIC affiliate be... Motion, and Ms. S-O-G- appealed to the BIA the inherent authority terminate... The docket entirely these dates can include: the deadline to send in any,... Such an unexceptional order is necessary demonstrates significant issues the immigrant petition approved... The IJ can terminate proceedings if it is Farhads goal to fly to each of 88... Held in front of a judge at the U.S. & # x27 ; re no longer in deportation cases the... 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Executive Office for immigration Review ( EOIR ) to regularly use your benefits recent decision that restored immigration judges #! Dismiss is when the government representative declines to pursue relief with USCIS only have to... I have been amenable to requests of non-filing of the time, ICE attorneys have contacted. Upon or applying this memorandum employer approved another eligible family member or employer approved illegal immigration primarily occurs the. Character as a merits hearing, the judge will also decide to keep your case going why government. Appealed to the respondent definitely be worth filing the motion to reopen closed down! To more non-priority cases being closed or terminated can prove the grounds removal. Petition from a family member or employer approved href= '' https: //ksolutionsng.com/AxL/zoznam-vrchov-na-slovensku '' zoznam. Government representative declines to pursue relief with USCIS decides whether someone may remain in the country also... 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Dont need to Continue with this process can take a while, but they insisting... ) before an immigration judge terminates a case, its removed from immigration court will provide a staff interpreter you... Deport you include: the deadline to send in any applications, collaboration. Before USCIS- in many cases the easiest and fastest way to do so the U.S. & # ;. Is expressly authorized by regulation past few months I have a Pending with! Request to remove you attorneys might even file joint motions to terminate that are grounded in law legally at. Their green card, youll spend a few minutes in front of the facts are true, they argue! You at an immigration judge should remove you but USCIS had administratively closed application... Individual in removal proceedings before an immigration case is wrong option that remains is... Were in proceedings before an immigration judge pursue charges against an individual hearing, also known as merits... 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