Rescission Proceedings TerminatedPublished: Apr 3, 2008 By: Robert D. Kolken Source: My Source
The Department of Homeland Security instituted Immigration Court proceedings to rescind our Pakistani client’s “green card,” which he obtained in 2001 because they claimed that there was a misrepresentation made in his application. Rescission proceedings are rarely utilized. The proceedings must be instituted within five years of the granting of the green card. The old cases from the 1980s and before held that the service of a notice of intent to rescind tolled the five year period.
In our case, the Notice was served within five years, but was not filed with the Immigration Court until after five years had elapsed. The regulations now provide that jurisdiction does not vest with the Immigration Judge until the charging document is filed in the Immigration Court. We moved to terminate the proceeding on the basis that there was a change of law since the old cases were decided, and that the proceeding was not instituted within the five year period. The Immigration Judge granted our motion and the proceedings were terminated as a result.