What happens to jurisdiction over the Form I-589 if the alien is placed in removal proceedings while there is a pending I-589 before USCIS?

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When an alien is placed in removal proceedings while there is a pending Form I-589 (Application for Asylum and for Withholding of Removal) before USCIS, the jurisdiction over that application transfers to the Executive Office for Immigration Review (EOIR). This transfer occurs because the removal proceedings involve a legal decision regarding the alien's eligibility to remain in the United States, and the immigration court has the authority to adjudicate asylum claims during these proceedings.

USCIS initially has jurisdiction over the I-589 applications, but once an individual is placed in removal proceedings, the EOIR takes over, as immigration judges are responsible for deciding such matters in the context of removal and deportation cases. This ensures that issues related to the alien's legal status and asylum eligibility are handled within the proper legal framework established for immigration court proceedings. Thus, the transfer of jurisdiction allows the case to be adjudicated in a manner consistent with the legal systems governing immigration enforcement and relief.

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