Today, the BIA published a decision in Matter of Avetisyan that fundamentally changes the power dynamic regarding requests to close a case. Until today, a person has always needed the agreement of DHS to have their case administratively closed. Matter of Gutierrez, 21 I&N Dec. 479 (BIA 1996). When President Obama announced the push to use prosecutorial discretion to close non-priority cases, he said the Department of Justice was going to have a hand in which cases get closed. But since Guttierrez gave absolute veto power to the DHS, something had to give. The new rule is that the IJ or the BIA can administratively close a case whenever doing so makes sense, without needing the permission of the DHS first.
Top Posts:
- BIA Paper Color for Forms: Does it Matter?
- 7 Easy Ways to Violate Your Student Visa and Get Deported
- Can I Apply for Citizenship if I Owe Back Taxes?
- How to Expedite a Visa or Benefit Request With USCIS
- Filing a Late BIA Appeal (or failing to file a timely appeal)
- Pereira v. Sessions Opens Multiple New Doors to Defend Against Removal
- When the BIA Denies An Appeal, Consider Your Options
- Matter of Pena and Matter of Agour: Altering the Eligibility Standard for Relief From Removal After a Finding of Fraudulent Admission
- New Form I-485 is a Huge Change From Old Form
- Immigration Judge Lawsuit Raises Disturbing Case Management and FOIA Issues at EOIR