Template Opposition to DHS Motion to Dismiss to Pursue Expedited Removal

On January 21, 2025, the Trump administration expanded the scope of expedited removal to its statutory maximum, to include certain noncitizens not admitted or paroled who cannot prove they have been continuously present in the United States for at least two years. DHS, Designating Aliens for Expedited Removal, 90 Fed. Reg. 8139 (Jan. 24, 2025). Several days later, DHS issued a memo directing DHS attorneys to consider moving to terminate ongoing removal proceedings in order to pursue expedited removal against noncitizens amenable to expanded expedited removal. This template opposition is intended for practitioners who represent a client in removal proceedings where DHS has filed a motion to dismiss under 8 C.F.R. § 239.2(a)(7) stating that circumstances have changed such that it is no longer in the government’s best interest for the case to continue, because DHS is now pursuing expedited removal.