Attorney-General Garland resurrects administrative closure in immigration courts
Attorney-General Garland resurrects administrative closure in immigration courts
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Attorney General, Merrick Garland, issued a decision on July 15 in Matter of Cruz-Valdez that overruled Jeff Sessions’ decision in Matter of Castro-Tum, which ended the practice of administrative closure of a removal proceeding.
This allows the Department of Justice to hide the backlog of removal proceedings to the immigration courts and bypass the law. According to the Center for Immigration Studies, there are more than 1.3 million pending cases.
What is administrative closure?
The Board of Immigration Appeals (BIA) has described it as “a procedural tool created for the convenience of the Immigration Courts and the Board.”
According to Garland, it is “a docket management tool that is used to temporarily pause removal proceedings. (…) It does not terminate or dismiss the case but rather removes a case from an Immigration Judge’s active calendar or from the” BIA’s docket.
It is a calendar management tool used by immigration courts. It enables them to prioritize higher priority cases by putting lower priority cases on hold. This tool allows courts to “close” certain low-priority cases and put them on a shelf until the court’s calendar clears up while they handle more serious cases.
Administrative closure has been used to pause cases while the USCIS (United States Citizenship and Immigration Services) adjudicates a pending petition. It can also allow a person to pursue a provisional waiver if they were not eligible to adjust status in the United States.
Are you eligible for administrative closure?
If you are in removal proceedings and believe you could be considered a “low-priority case,” please consult with an immigration attorney in San Diego, California. At Kannan Law, we can evaluate your situation and determine if you are eligible for administrative closure, and present the request to the court.