Case reinstated and dismissed by Court. Client came with case at NVC pending for more than 1 year. However, we reinstated the case so now it is up and running and Client can get Residency. Reinstatement is the default remedy of an illegal dismissal case.
— What it means and next steps
When an immigration case is reinstated and later dismissed by the court, the respondent may be relieved of the active removal proceeding but still face collateral record issues. This page explains the difference between reinstatement and dismissal, why courts dismiss reinstated cases, and what counsel should do next.
Common reasons for dismissal
- Jurisdictional or NTA defects (invalid notice or service).
- Successful defense or relief on the merits (asylum, withholding, CAT).
- DHS motion to dismiss or exercise of prosecutorial discretion.
- Procedural defects such as lack of notice or in-absentia rescission grounds.
Immediate checklist
- Obtain the written dismissal order, hearing transcript, and docket entry.
- Pull the A-file and confirm the EOIR/DHS notations.
- Confirm whether dismissal was with or without prejudice and whether DHS may refile.
- Screen for and pursue affirmative filings or record-clearance steps as appropriate.
Contact us to review the dismissal order and A-file — we’ll prepare a clear plan to protect the client’s status, prevent refiling where possible, and pursue affirmative relief or record correction.
