-
Original Date Announced
May 17, 2018AG Sessions rules in Matter of Castro-Tum that IJs and the BIA do not have the general authority to suspend cases indefinitely through administrative closure. IJs and the BIA may now administratively close a case only when authorized by regulation or a judicially-approved settlement. Further, Sessions held that only DHS has the authority to decide whether and when to initiate proceedings, and once DHS initiates proceedings, IJs and the BIA must "expeditiously" resolve the case. Upon a motion by either party, IJs and the BIA must recalendar any case that was administratively closed, unless the closure was required by regulation or judicially-approved settlement.
[ID #168]
Matter of Castro Tum, 27 I&N Dec. 271 (AG 2018)Effective Date
May 17, 2018Subsequent Trump-Era and Court Action(s)
-
August 29, 2019
Zuniga Romero v. Barr (4th Cir. 8-29-19)
On August 29, 2019, the Fourth Circuit struck down Matter of Castro-Tum, ruling that AG Sessions' interpretation of the relevant immigration regulations was "inconsistent" and "in error."
View Document -
June 26, 2020
Meza Morales v. Barr, No. 19-1999 (7th Cir. 2020)
On June 26, 2020, the Seventh Circuit in an opinion by then-Judge Amy Coney Barrett struck down Matter of Castro-Tum, finding that immigration judges have the discretion to administratively close cases when appropriate, and ruling in favor of a Mexican citizen who had been ordered deported while waiting for his visa request to be processed under the decision.
View Document -
November 24, 2020
2020.11.24 Hernandez-Serrano v. Barr, No. 20-3175 (6th Cir. 2020)
On November 24, 2020, the Sixth Circuit upheld Matter of Castro Tum, viewing 8 CFR §§ 1003.10(b) and 1003.1(d)(1)(ii) as unambiguously precluding a general administrative closure authority, and emphasizing the number of cases that have been administratively closed as being contrary to law: "An adjudicatory default on that scale strikes directly at the rule of law." Note that the November 2021 EOIR guidance discussed in this entry indicates that further rulemaking is forthcoming. That guidance also notes that after Hernandez-Serrano, the Sixth Circuit held in Garcia-DeLeon v. Garland, 999 F.3d 986 (6th Cir. 2021), that administrative closure is permitted under the current regulations to allow respondents to apply for USCIS provisional unlawful presence waivers.
View Document -
May 5, 2021
Arcos Sanchez v. Attorney General, No. 20-1843 (3rd Cir., May 5, 2021).
On May 5, 2021, the Third Circuit struck down Matter of Castro-Tum, ruling that the BIA and IJs do have the authority to administratively close proceedings and remanded the specific case for further proceedings.
View Document
Biden Administration Action: Revoked/Replaced
July 15, 20212021.07.15 Matter of Cruz-Valdez
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On July 15, 2021, Attorney General Garland decided Matter of Cruz-Valdez, which overruled Matter of Castro-Tum in its entirety and stipulated that, while rulemaking proceeds and provided that a court of appeals has not held otherwise, immigration judges and the Board should apply the administrative closure standards set forth in Matter of Avetisyan and Matter of W-Y-U.
View DocumentBiden Administration Action: Other
November 22, 20212021.11.22 Provide guidance to adjudicators on administrative closure in light of Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021)
On November 22, 2021, EOIR director David Neal issued a memorandum to EOIR adjudicators offering guidance on the use of administrative closure following Matter of Cruz-Valdez and in light of EOIR's significant caseloads. The memo notes that DHS is undertaking a rulemaking that "will address adjudicators’ authority to administratively close cases," but that, pending such a rule, IJs have authority to administratively close cases under Matter of Cruz-Valdez with the "potential caveat" of proceedings in the Sixth Circuit. Director Neal emphasizes that administrative closure is a case management tool, and that given EOIR's "finite resources," IJs should prioritize adjudicating "two categories of cases: those in which the Department of Homeland Security (DHS) deems the respondent to be an immigration enforcement priority, and those in which the respondent desires a full adjudication of his or her claim or claims."
View DocumentCurrent Status
Not in effectMost Recent Action
November 22, 2021 Action: Other 2021.11.22 Provide guidance to adjudicators on administrative closure in light of Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021)July 15, 2021Acted on by Biden Administration
November 22, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: AdjudicationSubject Matter: Hearings and AdjudicationsPre Trump-Era Policies
-
January 31, 2012
Matter of Avetisyan gave immigration judges discretion to administratively close a case until the case is ripe for final adjudication. This included situations such as: the future availability of an immigrant visa; current eligibility for TPS, DACA, or DED; and anticipation of a criminal matter being resolved before another court. From October 2011 through September 2017, IJs closed more than 215,000 cases, which was about three-quarters of the number closed in a 31-year span before 2011, according to the Department of Justice. (Huffington Post article)
Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012)
Documents
Trump-Era Policy Documents
-
New Policy
Original Source:
Matter of Castro Tum, 27 I&N Dec. 271 (AG 2018)
-
Prior Policy
Original Source:
Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012)
-
Subsequent Action
Original Source:
Zuniga Romero v. Barr (4th Cir. 8-29-19)
-
Subsequent Action
-
Subsequent Action
Original Source:
Hernandez-Serrano v. Barr, No. 20-3175 (6th Cir. 2020)
- Subsequent Action
- Commentary
-
Commentary
Original Source:
AIC / ACLU: Administrative Closure Post-Castro-Tum
Commentary
Jeff Sessions Uses Exceptional Power Over Immigration Courts To Limit Judges' Authority
Go to articleAIC / ACLU: Administrative Closure Post-Castro-Tum
Go to article