In July, Attorney General Merrick Garland issued a ruling that explicitly overruled Attorney General Jeff Sessions’ decision in the Matter of Castro-Tum, which had ended the process of administrative closure in removal proceedings. Garland noted the Trump administration’s ruling “departed from long-standing practice.”
The restoration of administrative closure gives immigration judges the power to postpone deportation cases while awaiting rulings in related proceedings as well as administratively close cases at their discretion.
This is a big change from Attorney General Jeff Sessions’ rulings and one that could have a big impact in reducing the number of backlogs facing the immigration courts.
Immigration law is constantly changing — and it’s important to keep up with the changes in order to secure your future in America. When you partner with Attorney Eric Price, you’re guaranteed not to miss any new rulings or changes that could impact your case. Price is an immigration law expert and knows how to respond immediately to law changes and challenges as they come. Learn more about securing your future with Attorney Eric Price by contacting him today by phone or email.
What Is Administrative Closure?
Administrative closure does not terminate or dismiss the case. Instead, it removes a case from a judge’s active calendar. It allows immigration judges to exercise prosecutorial discretion and to put cases on hold or remove them from the active docket. This does not terminate or dismiss the case; it just removes it from a judge’s active calendar. Nor does it provide permanent residency status; instead it put cases on indefinite hold, which delays removal proceedings.
Administrative closure also allows government counsel to request certain low-priority cases are removed from an immigration judge’s active calendar to allow adjudicators to focus on higher-priority cases.
Why Was Administrative Closure Taken Away?
AG Sessions issued his decision in Castro-Tum to end administrative closure because he said he found that immigration judges “lack a general authority to administratively close cases.” Sessions said there was no regulation that grants such authority.
Two federal circuit courts eventually ruled that Sessions’ legal arguments were wrong.
Why Is Administrative Closure Important
While Jeff Sessions served as AG under the Trump administration, he issued a number of changes to the immigration court system including, reversing rulings, curtailing judges’ ability to exercise discretion, giving more power to the director who oversees the courts and moved to decertify the union of immigration judges. These changes caused some immigration judges to quit in response.
Judge Dana Leigh Marks, president emerita at the National Association of Immigration Judges, the immigration judges union, called administrative closure a “very practical tool that judges need to control their dockets.”
What Will Be The Effects Of Overturning Matter Of Castro-Tum?
The most significant effect that the overturned could have is fewer immigrations being deported and more visas being granted. Administrative closure could also lead to a more efficient court system and help tackle the growing backlog of immigration cases. Reports have shown that administrative closure has been a vital tool in keeping the immigration court docket from spiraling out of control.
Immigration cases are extremely complicated, and navigating through the rules and procedures requires an immigration litigation expert. If you believe AG Garland’s new ruling will impact your immigration case, contact a skilled and experienced immigration attorney who can help guide you through the process and help you determine the next steps to secure your future in America.
Contact Attorney Eric Price Today!
J. Eric Price is a former government attorney who has fought immigration cases on both sides. He represented immigration authorities in thousands of cases and has now done the same for individuals fighting removal from the United States (deportation). Price knows the strategies and tactics used by the government and can use that knowledge to protect you from deportation. Contact Attorney Eric Price today.