Abraham B.

Cardenas, Esquire Cardenas Law Firm, LLC Attorney for Respondent 7175 SW 8th Street, Suite 215 Miami, Florida 33144 (786) 347-1605 (866) 353-5570 FAX PA Supreme Court no. 61890

NOT DETAINED

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT MIAMI, FLORIDA

In the Matter of JONATHAN EZEQUIEL KUSMISKIY RESPONDENT

) ) ) ) ) )

IN REMOVAL PROCEEDINGS File No. A # 089-895-300

Immigration Judge: Charles J. Sanders Next Hearing: None

MOTION TO RECALENDAR

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT MIAMI, FLORIDA

In the Matter of

) File No. A # 089-895-300 ) JONATHAN EZEQUIEL KUSMISKIY ) In Removal Proceedings Respondent ) ________________________________)____________________________________ ON BEHALF OF USCIS ON BEHALF OF RESPONDENT ________________________ Abraham B. Cardenas, Esquire

MOTION TO RECALENDAR

Respondent, JONATHAN EZEQUIEL KUSMISKIY, through his counsel, respectfully moves the Immigration Judge to recalendar the above captioned case. In support of his motion respondent states, through his counsel, as follows: 1. 2. Respondent was before this court on June 1, 2011 at a master calendar hearing. On that date, this court issued an Order administratively closing the case to allow Respondent to seek adjustment of status before USCIS on an approved I-130 filed by Respondents wife with a pending I485. A copy of the Order is attached as Exhibit A. 3. Subsequently, USCIS scheduled an interview date for Respondent and his wife to address the pending I-485 which was set for August 24, 2011. 4. At the interview, the hearing officer stated that he could not adjudicate the I-485 Application because this court did not terminate the case but instead

administratively closed the case. 5. USCIS stated that by doing so, the court retained jurisdiction on the I-485 and therefore USCIS could not render a disposition on the application. 6. USCIS requires that the removal proceeding be terminated, and not administratively closed, in order to have jurisdiction to adjudicate the I-485 application that respondent will be filing with USCIS. 7. A Motion to Terminate Removal Proceedings has been filed in this case but the case needs to be recalendared to allow this court to act on that motion.

For the foregoing reasons, the respondent respectfully moves this Court to recalendar this case to allow for action to be taken on the Motion to Terminate previously filed.

September 13, 2011

RESPECTFULLY SUBMITTED, Cardenas Law Firm, P.C.

______________________________ By: Abraham B. Cardenas, Esquire Attorney for Respondent 7175 SW 8th Street, Suite 215 Miami, Florida 33144 (786) 347-1605 (866) 353-5570 FAX PA Supreme Court No. 61890

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT MIAMI, FLORIDA In the Matter of ) File No. A # 089-895-300 ) JONATHAN EZEQUIEL KUSMISKIY ) In Removal Proceedings Respondent ) ________________________________)______________________________________ ORDER OF THE IMMIGRATION JUDGE Upon consideration of the Respondents Motion to Recalendar, it is HEREBY ORDERED that the motion be G GRANTED G DENIED because:

G DHS does not oppose the motion. G The respondent does not oppose the motion. G A response to the motion has not been filed with the court. G Good cause has been established for the motion. G The court agrees with the reasons stated in the opposition to the motion. G The motion is untimely per ______________________. G Other:__________________________________________________________. Deadlines: G The application(s) for relief must be filed by ___________________________. G The respondent must comply with DHS biometrics instructions by __________.

_____________________ __________________________________ Date Immigration Judge _______________________________________________________________________ This document was served by: [ ] Alien c/o Custodial Officer Certificate of Service [ ] Mail [ ] Personal Service To: [ ] Alien [ ] Aliens Atty/Rep [ ] DHS

Date: ____________________

By: Court Staff______________________

JONATHAN EZEQUIEL KUSMISKIY File No. A # 089-895-300

PROOF OF SERVICE On this 13th day of September, 2011 I,

Abraham B. Cardenas, Esquire

served a copy of this: MOTION TO RECALENDAR and any attached pages to:

U.S. DHS Office of Principal Legal Advisor Litigation Unit 333 South Miami Avenue, Suite 200 Miami, Florida 33130

Office of the Immigration Judge United States Immigration Court 333 South Miami Avenue, Suite 700 Miami, Florida 33130

by

U.S. Mail.

________________________________ Abraham B. Cardenas, Esquire

September 13, 2011