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Lawyer Normal Merrick Garland has reversed considered one of former AG Jeff Periods’ largest immigration selections, Matter of Castro-Tum 27 I&N Dec. 271 (A.G. 2018).
With Castro-Tum, Periods overturned many years of precedent by ending the authority of the Board of Immigration Appeals and Immigration Judges to grant administrative closure—a docketing device usually used to take circumstances off the energetic docket whereas different businesses course of related functions or whereas increased precedence circumstances are adjudicated.
AG Garland, on July 15, overruled Castro-Tum in its entirety. Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021). Whereas the Division of Justice conducts rulemaking on the difficulty, adjudicators are instructed to make use of the requirements in impact previous to Castro-Tum.
This resolution opens new alternate options to many in elimination proceedings. For many who are eligible to consular course of with a waiver of illegal presence, they’ll search administrative closure to file their waiver functions earlier than leaving the nation. These whose circumstances usually are not thought of priorities below present ICE steerage can select to hunt administrative closure moderately than dismissal, if doing so is advantageous to them (often as a result of administrative closure permits sure individuals with functions pending in immigration court docket to proceed renewing employment authorization paperwork).
The attorneys at Joseph & Corridor shall be analyzing what choices Cruz-Valdez may open for every of our shoppers in elimination proceedings. If you need to schedule a session on what the Cruz-Valdez resolution may imply on your immigration case or the case of a beloved one, please contact our workplace at 303-297-9171.
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