Board Affirms That Unlawful Presence Bars Continue To Run While Noncitizen Is in the United States. When you go to the initial hearing, there may be many people in the courtroom for the same reason. Keep track of any mistakes in it, especially if youve been named in someone elses case. In Matter of S-O-G, the AG held that IJs, have no inherent authority to terminate or dismiss removal proceedings even if a case presents compelling circumstances, restricting IJs discretion to terminate. Then, the DHS lawyer will ask you questions. The first memo is the Mayorkas Memo, issued in September 2021, which enumerates three categories for how ICE prosecutors should prioritize cases: (A) Threat to National Security, (B) Threat to Public Safety and (C) Threat to Border Security. If you can, find documents that show that DHS facts were wrong. in both cases the Immigration Judge agreed to terminate the Immigration Court proceedings and allow these clients to complete processing of their applications before USCIS. See, e.g., 8 CFR 214.11(d)(1)(i), 214.14(c)(1)(i), (f)(2)(i). In Ms. F-D-Bs case, the IJ reopened a priorin absentiaorder. At this hearing, the judge will review all the paperwork that you and DHS filed. CLINIC trains legal representatives who provide high-quality andaffordable immigration legal services. For example, this motion may explain why a noncitizen is eligible for DACA or a U-visa or that they will apply for their green card. Citizenship and Immigration Services (USCIS). In Castro-Tum, Attorney General Sessions determined that immigration judges and the Board have no general authority to administratively close cases, or, for that matter, to terminate cases. Filing a Motion To Terminate Removal Proceedings. This will allow you to stay in the country legally and possibly become a lawful permanent resident so you dont have to worry about immigration removal hearings or deportation procedures again in the future. Its OK to be nervous in front of the judge but dont leave out important information. 239.2(a)(7) (2018) to dismiss removal proceedings upon finding that it is an abuse of the asylum process for an alien to file a meritless asylum application with the United States Citizenship and Immigration Services (USCIS) for the sole purpose of pursuing cancellation . Most of the time, the judge will issue their decision while youre in court for your individual hearing. While administrative closure was an alternative in the past, particularly in cases where the client was pursuing relief with USCIS, the AGs decision inMatter of Castro-Tumprohibits IJs from administratively closing cases in most situations. Removal proceedings are hearings held before an immigration judge (IJ) to determine whether an individual may remain in the United States. To report a person you think may be in the U.S. illegally, use the Homeland Security Investigations online tip form. Immigration judges who fail to meet case quotas and performance standards risk facing disciplinary action including termination. Keep track of any mistakes in it, especially if youve been named in someone elses case. A: ICE will follow routine notification procedures prior to effectuating the removal of a U visa petitioner whose request for a Stay of Removal has been denied. Id. Paul Wickham Schmidt's Blog: U.S. Immigration Judge Lee O'Connor Exposes Massive DHS Illegality & Fraud in Implementation of So-Called Migrant Protection Protocols ("Let 'em die in Mexico") - October 25, 2019 The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. If the Immigration Judge grants your application, you will be given the Post-Order Instructions for Individuals Granted Relief or Protection from Removal by Immigration Court (PDF, 235.78 KB) at the conclusion of the removal proceedings. See8 CFR 1239.2(c); 1239.2(f) (allowing IJs to terminate proceedings where naturalization proceedings are pending and where there are humanitarian factors present). So, if your client is apprehended in the future, then they will have an opportunity to seek relief again rather than automatically be detained and removed. If you are eligible, our free web app will walk you through the immigration process and help you prepare and file your application with the U.S. government. The second and more important memo for childrens immigration advocates is the Doyle Memo, which clarifies that even if a respondent fits into one of the categories outlined in the Mayorkas Memo, there can still be mitigating factors that weigh in favor of declining enforcement against the respondent. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. In reaching this conclusion, the Court focused on 8 CFR 1003.10(b) and 8 CFR 1003.1(d)(1)(ii), which give IJs and the BIA the power to take any action that is appropriate and necessary to dispose of a case. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. At a master calendar hearing, the respondent must admit or deny the charges brought against them. at 272. They are insisting on having persons wait to proceed in court rather than before USCIS. The clients were unable to move forward due to their pending cases before the Immigration Judge. This is called an affidavit of support. Id. If the I-130 is approved, then the Immigration Judge may elect to terminate removal proceedings so your adjustment of status case is within the jurisdiction of USCIS. A motion to dismiss is when the government representative declines to pursue charges against an individual in removal proceedings. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). The government can personally serve you this document by having someone hand you the paperwork. An immigration attorney who files a motion to terminate will normally deny the governments charges at the initial master calendar hearing and inform the IJ that they plan to file a motion to terminate. The AG referred to himself two cases that the BIA had already decided, regarding Ms. S-O-G- and Ms. F-D-B-. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 You might also need to apply for a work permit if you dont have one already. If you are eligible, you can file Form I-485, Adjustment of Status Application, even if you are in removal proceedings and the U.S. government is trying to deport you. A private pilot, it is Farhads goal to fly to each of Ohios 88 county airports. The memo encourages immigration judges to send scheduling orders to the parties before a hearing, asking their positions on administrative closure. Immigration Judge Review When a foreign national applies for adjustment of status during removal proceedings, the immigration judge receives and makes a decision on Form I-485 , instead of USCIS. Advocates may wish to refer to CLINICresourceson pursuing administrative closure postCastro-Tum. The AGs decision, however, did not abrogate IJs authority to terminate removal proceedings in other specific contexts authorized, or even required, by Department of Justice regulations. Youll probably walk out of the court with a final order in your hand. Stories|Press Releases|Financials| Annual Reports, 2023 Catholic Legal Immigration Network, Inc. | Privacy Policy, Attorney General restricts immigration judges and BIAs power to dismiss or terminate removal proceedings, Ground of Inadmissibility and Deportability. The final hearing, known as the individual calendar hearing or merits hearing, is a longer and more intensive hearing, during which a judge will hear testimony and review evidence and legal arguments to make a decision based on the merits of the case. An IJ continues to maintain the authority to terminate for any nondiscretionary basis supported by the BIA or judicial decisions, for example lack of subject matter discretion, improperly served NTA, regulatory violations, or res judicata. What Does It Mean When an Immigration Case Is Terminated? Have immigration questions? DHS attorneys and private attorneys might even file joint motions to terminate a removal proceeding if an immigrant is applying for an immigration benefit. I filed my I-130 and I-485 the same year. While youre waiting for adjudication from this court of appeals, DHS cant deport you. Ms. S-O-G- conceded removability and indicated that she intended to apply for immigration relief. Please send your general immigration questions to AttorneySethna@immigration-america.com. (b) [Reserved] (c) Motion to dismiss. If it doesnt have this information, youll receive a separate Notice of Hearing document with it. A motion to terminate may be filed at any point during a removal proceeding, but it is recommended that it be filed before the respondent has pled to the allegations in the NTA. Tell the judge if any of the facts in the NTA are incorrect. Over the past few months I have been contacted by two separate clients who had a petition from a family member or employer approved. In a Nutshell. Immigration, Latest Articles. When a case is terminated, its removed from immigration court. DHS attorneys and private attorneys might even file joint motions to terminate a removal proceeding if an immigrant is applying for an immigration benefit. For more guidance on defective NTAs and seeking termination, check out CILAs training with NILA: Niz-Chavez, Pereira, and Notices to Appear.. The IJ may schedule an evidentiary hearing, at which time the court will hear arguments about the motion to terminate, and, if it is denied, any defenses to removal that may be applicable, so it is important to be prepared for both outcomes. You can hire a private lawyer to represent you at this hearing. Being ordered deported means that either an immigration judge or an immigration officer has determined that you are not permitted to remain in the United States and ordered your departure. Finality of order. If you are eligible, our free web app will walk you through the immigration process and help you prepare and file your application with the U.S. government. You can file an I-360 with the Vermont Service Center and file the VAWA Cancellation with the Immigration Judge at the same time. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). If your removal proceedings are terminated, you can breathe a sigh of relief. We can help determine whether or not this will . When you go to the initial hearing, there may be many people in the courtroom for the same reason. Advocates may also wish to make arguments in appropriate cases that termination is required by statute or the Constitution, such as egregious 4thAmendment violations, rather than conceding that IJs sole authority to terminate arises where it is expressly stated in a DOJ regulation. Third, the NTA will list the charges against you and explain what laws they think youve violated. At an immigration removal proceeding, an immigration judge decides whether someone may stay in the United States. The BIA affirmed, citing the regulations that allow DHS to seek dismissal if the NTA was improvidently issued or if DHS determines that continuation is no longer in the best interest of the government.See8 CFR 1239.2(c); 239.2(a)(6), (7). An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. 23. If you dont, the judge can issue an order for your removal. After everyone has finished testifying, the DHS attorney and your attorney will make statements of law about why you should, or shouldnt, be removed from the U.S. The distinction is that termination carries a finality to it while closure is more of a temporary measure. Benedicto v. Garland, 12 F.4th 1049, 1058 (9th Cir. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. My attorney filed a joint motion to terminate with ICE and thanks God they approved it. Your witnesses might talk about your good moral character as a way to support your stay in the country. Once the waiver was approved, the IJ re-calendared Ms. F-D-Bs case and then terminated removal proceedings without prejudice so she could consular process. However, if they are 18 or older, receive dismissal under PD, and do not have a claim pending at the Asylum Office, then the youth will accrue unlawful presence which could foreclose access to different forms of relief in the future. By Andrew R. Arthur on September 23, 2018. delay, dismiss, or terminate proceedings where . We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. People facing deportation can present arguments about why the government is wrong. En Espaol (202) 888-2115. . The extent and limit of PD was recently set out in two memos issued by ICEs Office of the Principal Advisor (OPLA), the representative of the government in the immigration sphere. Attorney General Jeff Sessions issued a decision last Tuesday under his review authority in Matter of S-O-G-and F-E-B-, in which he clarified the authority of immigration judges to terminate or dismiss removal proceedings. During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. Again, make sure you attend every hearing. Con: Because this motion can be granted without prejudice, ICE can bring the same case again. An individual hearing, also known as a merits hearing, is when the judge listens to everyones evidence and arguments. Is there a numeric limit on the number of motions to reopen filed in a case? Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. What if I Have a Pending Petition With USCIS? Termination of a removal proceeding is one form of relief in an immigration case. They will look for holes in DHS case and explain any defenses you have to the judge. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. Zoom- CILA Texas Social Work Working Group, Zoom: 2021 Texas Champions for Immigrant Youth Symposium, Zoom: Common Criminal Based Inadmissibility Grounds for SIJ in Texas, Zoom: Oct. 19th CILA/NILA Litigation Updates, Zoom: Working with Immigrant Families Involved in the State Child Welfare System. The clients were unable to move forward due to their pending cases before the Immigration Judge. If you dont attend your initial hearing, the judge can grant the governments request to remove you. Youll need to take an oath swearing that you will tell the truth. Listen for your name to be called and go to the front of the courtroom. Finally, the NTA will tell you your rights for the hearing. In light of the Gonzalezdecision, IJs located within the Fourth Circuit now have authority to terminate removal proceedings of noncitizens whenever they deem it appropriate. They can also send it to your attorney or your last known address. At her subsequent hearing before the IJ, Ms. F-D-B- conceded removability and indicated that she was a beneficiary of an I-130 family-based petition. Do You Need To Provide Tax Returns To File for Naturalization? Deportation is not an automatic process. In Matter of Coronado-Acevedo, 28 I&N Dec. 648 (A.G. 2022), Attorney General Merrick Garland confirmed that immigration judges did have the authority to terminate cases before them under certain circumstances.. We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. However, this only applies to individuals who entered on or after November 1, 2020, or those who were apprehended at the border while attempting unlawful entry. On Sept. 18, 2018, Attorney General (AG) Jefferson Sessions, in two cases he referred to himself, held that immigration judges (IJs) may dismiss or terminate removal proceedings only where the regulations expressly allow or if the charges of removability against a respondent have not been sustained. During these hearings, the judge will listen to evidence from both sides and decide whether someone may remain in the country. These dates can include: The deadline to send in any applications, petitions, or amendments. They may also talk about persecution in your home country, as a way to support arguments why you shouldnt be deported. Under the Immigration and Nationality Act ("INA" or "Act"), parties to proceedings before EOIR may file a motion to reopen or reconsider certain decisions of immigration judges or the Board of Immigration Appeals ("BIA" or "Board"). Termination of removal proceedings arguably breached your Due Process by depriving you of review of the I-751 denial on merits by an Immigration Judge. In the U.S., the government may begin the removal process also known as deportation if someone doesnt have valid immigration status or if theyve done something to change their valid immigration status. This process might seem unusual, but in some situations, you may be eligible to adjust your immigration status with U.S. DHS can also appeal the judges order within 30 days of it being issued. Through our work, we hope to ensure more immigrant youth are represented and to provide the resources and expertise needed to support those who endeavor to represent them. For example, you may receive an NTA if youre a permanent resident who was charged with a crime. Removal proceedings begin with an initial hearing, known as a master calendar hearing. There are few exceptions. Report an Immigration Violation. When a person is placed in deportation proceedings, the individual will receive a Notice to Appear (NTA) before an Immigration Judge. There may be incorrect facts or dates listed. 1239.2(f), where a respondent is eligible for naturalization, . This process typically begins when someone receives a Notice to Appear. 2021) ; Grigoryan, 959 F.3d at 1239 ; Liu v. Holder The respondent also has an opportunity to identify any defenses to removal they may have and file applications for any relief for which they may be eligible. The judge can also decide to keep your case going. Each such motion must be . Motions to terminate can also include reasons why someone qualifies for a specific immigration benefit, an adjustment of status, or if they are eligible for naturalization. In the U.S., the government may begin the removal process also known as deportation if someone doesnt have valid immigration status or if theyve done something to change their valid immigration status. After everyone has finished testifying, the DHS attorney and your attorney will make statements of law about why you should, or shouldnt, be removed from the U.S. Removal proceedings before an Immigration Judge was your ONLY way to reverse the denial of that I-751. Immigration hearings are held in front of a judge at the Executive Office for Immigration Review (EOIR). Your witnesses might talk about your good moral character as a way to support your stay in the country. 10-1-19 Callers0:00 I sent I-130 petitions for my wife and children in Ethiopia back in 2017 when I was a permanent resident. There may be incorrect facts or dates listed. Remember, Adjustment of Status cases can be complicated, especially while you are detained. If you can, find documents that show that DHS facts were wrong. Being placed in deportation proceedings means that the government is starting a process that could end in an order of removal. When a case is terminated, its removed from immigration court. 1240.18-1240.19 [Reserved] Details. DHS cant move forward with this case, although it could bring different removal charges against you in the future. This guide will give you instructions. The AG affirmed the BIAs decision in Ms. S-O-G-s case that dismissal of removal proceedings pursuant to 8 CFR 1239.2(c) was appropriate. Andrea Farrell Apr 4, 2022. This is called granting their motion in absentia. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. A motion to terminate is when a respondent requests to end their removal proceedings. The AG agreed that either of these bases was a sufficient reason for dismissal, because Ms. S-O-G- was already subject to a removal order. 22. Generally, the judge will either grant relief from removal, meaning that you can stay in the country, or issue an order of removal/deportation. For more, call today. 20 b an immigration judge has the authority to change the venue in immigration proceedings if good cause is shown under the same regulation one of the parties must file a motion for a change of venue and the other party must be given the opportunity to respond , motions to reopen or You become a legal permanent resident unless you commit . This is called an affidavit of support. Even though youre the respondent to the governments case, you get to tell your case first when your attorney asks you questions. DHS opposed the termination arguing that removability had been established, and that F-D-B- could pursue consular processing with voluntary departure. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. The decision laid out specific circumstances under which immigration judges can terminate deportation proceedings, including in cases where the government cannot prove its case for removal. Deferred Action for Childhood Arrivals (DACA), Attorney General rules that immigration judges have authority to terminate cases, New BIA decision cracks door open to termination of pending cases. They are insisting on having persons wait to proceed in court rather than before USCIS. Unrestricted Liberty to Make Arbitrary Decisions? If you dont go to the hearing, the judge can grant DHS request to deport you without hearing your side of the case. First, it will list your name, date of birth, A-Number, and contact information. They can do so by filing an affirmative request with OPLA following local guidelines. An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. Note: You may need to send some of your documents to USCIS and some to the judge. Termination of a removal proceeding is one form of relief in an immigration case. Only those with pending asylum applications, who want to keep an opportunity to extend their EADs would probably prefer an administrative closure instead of a termination. Some people choose to make a list of defenses in advance and then read them to the judge during the hearing so they dont forget anything. If DHS can prove the facts are true, they will argue that these laws mean the immigration judge should remove you. Therefore, it is important to evaluate the possibilities of pursuing either motion or continuing with the removal proceeding and assess the best route for your client. You can file this motion as soon as you receive an NTA or at a later point in your case. Termination of proceedings is different from administrative closure. Citizenship and Immigration Services (USCIS) for which they are eligible . Your sponsoring family member will also need to submit information to USCIS proving they have enough income to support you so you wont need to rely on public benefits for at least five years after receiving your green card. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. The first hearing should be at least 10 days after the NTA. The Board agreed with policy guidance issued by U.S. Then, the DHS lawyer will ask you questions. There are three main parts to an immigration removal hearing: An initial hearing, which is sometimes called the master calendar hearing (MCH). That such an unexceptional order is necessary demonstrates significant issues . What Is an Immigrant Visa Number and How Can I Get One? With offices in Cuyahoga Falls, Akron and New Philadelphia, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. Contact a member of our team today at 312.444.1940. A motion to terminate proceedings will point out all the reasons the government's case is wrong. 8 C.F.R. There are two ways to reverse this extremely prejudicial termination. There are a few parts to an NTA. You will either say that you agree with these charges or that you deny them. Moreover, termination of a case may leave individuals with no authorization to remain in the U.S. if alternative relief is not available outside of court. Unfortunately, OPLA does not seem to be applying the Doyle memo currently. These clients will now be able to reopen their already pending applications before USCIS and get their green card in all likelihood much faster than if they would have remained before the Immigration Judge. 1229a(c)(6)-(7); 8 CFR 1003.2, 1003.23. If our app isnt a good fit or you just have immigration questions you need answered, you can speak with an independent attorney for just $24/month through our Ask an Attorney program. If you leave the U.S. after the immigration judge issues the decision and before you file an appeal, then your departure from the U.S. will be considered a waiver of your appeal and the decision will become final. Every child deserves representation.Get involved. For example, you may tell the judge that you meet the eligibility requirements for a green card, and you want to apply for one. It wont hang over your head indefinitely. Second, it will list facts explaining why the Department of Homeland Security (DHS) wants to deport you. Other reasons for terminating proceedings include when the respondent is granted asylum or . However, this authority is not carte blanche, but has been circumscribed by the Attorney General to limiting cases arising out of three fact patterns: Therefore, Matter of Coronado-Acevedo is a very significant immigration decision which could result in substantial immigration relief for aliens who find themselves in one of the above three categories. Interested in learning more about affiliation? Listen for your name to be called and go to the front of the courtroom. (a) Prior to commencement of proceedings. Follow these general instructions. The judge will read DHS charges against you that were in the NTA. This is especially true if your case was terminated because you filed for an immigration benefit from U.S. These clients would be able to apply for their green card before USCIS- in many cases the easiest and fastest way to do so. (a) Scope. If you dont attend your initial hearing, the judge can grant the governments request to remove you. In that case, the AG concluded that the IJ and BIA had applied the appropriate regulatory standard for dismissal under 8 CFR 239.2(a), 1239.2(c), which allows DHS to move for dismissal in certain specified circumstances including where DHS determines that the NTA was improvidently issued or that it is not in the governments best interest to continue with the removal proceedings. The judge can also decide to keep your case going. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. The Board also reiterated prior decisions in holding that a respondent claiming a fundamental change in law as the basis for a sua sponte reopening of his or her removal case must also show prima facie eligibility for the relief sought. OPLA has emphasized specifically, however, that there are no bright line rules in this process, and they are reviewing everything on a case-by-case basis. United States, aborting his pending immigration proceedings and the relief available to him at the time, violated his right to due process of law."). With administrative closure, a case is removed from a courts calendar but remains open indefinitely. advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. I was in removal proceedings and one year ago my i130 got approved and right after the approval I sent i485 to Uscis which still pending and I did the fingerprints one month ago i sent another copy of the i485 with motion of termination to the immigration court and the judge terminated my case so. Appeals. You can file this motion as soon as you receive an NTA or at a later point in your case. Immigration court proceedings have typically been terminated when the government could not adequately demonstrate that a noncitizen was removable as charged, or to allow them to apply for immigration benefits from U.S. 1003.23 (b) (1). They can also send it to your attorney or your last known address. The Board of Immigration Appeals has held that the three- and ten-year unlawful presence bars under INA 212(a)(9)(B)(i) continue to run while a noncitizen is in the United States. Citing his own reasoning inMatter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), a decision he issued earlier this year that restricts IJs and Board of Immigration Appeals (BIA) authority to control their own dockets, the AG concluded that IJs and the BIA do not possess inherent authority to terminate or dismiss removal proceedings. Hello, i have a current removal proceedings order, but married to an american citizen with an approved application from my spouse requesting to change my status. 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Courtroom for the hearing, known as a merits hearing, also known a. To determine whether an individual may remain in the courtroom for the hearing demonstrates significant issues and some the! What if I have been contacted by two separate clients who had a petition from a courts calendar but open. I-485 the same reason judge if you dont attend your initial hearing, NTA! A legal action that decides whether someone may stay in the NTA of! R. Arthur on September 23, 2018. delay, dismiss, or deported, from the States! Be granted without prejudice so she could consular process in Ms. F-D-Bs case and then terminated proceedings. Appear ( NTA ) before an immigration removal proceeding, an immigration.! Known as a way to support your stay in the country good moral character as a way to your. Dont attend your initial hearing, also known as a master calendar hearing, the DHS will. Form of relief which they are eligible documents to USCIS and some to the hearing the easiest fastest! This document by having someone hand you the paperwork this process this.! & amp ; F-D-B-, 27 I & N Dec. 462 ( 2018! And I-485 the same reason more of a removal proceeding, an immigration benefit to tell your case going to. Complicated, especially while you are detained is that termination carries a to! Case first when your attorney or your last known address requesting a family-sponsored card. What is an immigrant Visa number and How can I get one processing., regarding Ms. S-O-G- and Ms. F-D-B- includes proof of a judge the!, where a respondent is granted asylum or you will either say that you will tell you your rights the. During these hearings, the DHS lawyer will ask you questions two ways to the... People facing deportation can present arguments about why the government can personally serve you this document by someone... May remain in the NTA with policy guidance issued by U.S. then, the judge but dont leave important! Legal representatives who provide high-quality andaffordable immigration legal services 10-1-19 Callers0:00 I sent petitions! One form of relief in an order of removal that were in the NTA will you. Say that you and explain any defenses you have any defenses you any!
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