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.
- U Visa Backlog Updates - Why is My U Visa Taking So Long?
- Can I Apply for Citizenship if I Owe Back Taxes?
- When the BIA Denies An Appeal, Consider Your Options
- How to Expedite a Visa or Benefit Request With USCIS
- 7 Easy Ways to Violate Your Student Visa and Get Deported
- Should You Hire a Lawyer for Naturalization? It Depends.
- Immigration Court "Status Docket" - the Secret Almost Alternative to Administrative Closure
- BIA Paper Color for Forms: Does it Matter?
- Waivers for False Claims to Citizenship - is Matter of K Still Good Law?
- How Long Do Immigration Appeals in Circuit Court Take?
I am a Kansas City immigration attorney. I represent immigrants in court, on appeal, and before the USCIS in visa applications, asylum, and naturalization.