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The following other wikis use this file: Usage on en.wikisource.org Wikisource:Community collaboration/Monthly Challenge/June 2023; Index:United States of America v.
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
EOIR was created in 1983 by the Department of Justice (DOJ) as part of an internal reorganization. [6] Prior to 1983, the functions performed by EOIR were divided among different agencies. The earliest version of a specialized immigration service was the Immigration and Naturalization Service (INS), created in 1933, in the Department of Labor. [7]
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
Pages in category "United States motion to dismiss case law" The following 4 pages are in this category, out of 4 total. This list may not reflect recent changes .
However, most immigration courts have set up programs where pro bono (free, volunteer) attorneys are available on the day of the master calendar hearing. The pro bono attorney helps the respondent in the following ways: The pro bono attorney speaks on behalf of the respondent in court.
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