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Matter of AVETISYAN, ID 3740, 25 I&N Dec. 688 (BIA 2012)

Matter of AVETISYAN, ID 3740, 25 I&N Dec. 688 (BIA 2012) - (1) Pursuant to the authority delegated by the Attorney General and the responsibility to exercise that authority with independent judgment and discretion, the Immigration Judges and the Board may administratively close removal proceedings...

BIA Offers New Standard for Administrative Closure, Highlights Importance of Decisional Independence

"On January 31, the Board of Immigration Appeals (Board) published an important decision on “administrative closure” decisions. http://www.justice.gov/eoir/vll/intdec/vol25/3740.pdf The American Immigration Lawyers Association (AILA) has long supported the principles echoed in Matter...

Administrative Closure Victory in Denver: Same-Sex Marriage

"Here, the respondent has established a valid and particular ground for administrative closure. See 8 C.F.R. § l003.23(a) (pre-decision motions "shall state, with particularity the grounds therefore, the relief sought, and the jurisdiction"). The respondent argues that the resolution...

IJ Grants Admin. Closure Under Avetisyan

"Weighing the factors set forth in Matter of Avetisyan, the Court finds that administrative closure is warranted. The Board has already sustained the Court's finding that the respondent is not subject to the persecutor bar and that for purposes of voluntary departure he is worthy of the favorable...

OPPM 13-01: Continuances and Administrative Closure

"... A case where both parties support resolving the matter outside of immigration court proceedings is not one that generally should remain on the court's docket. Examples of such cases include those where DHS has decided to exercise prosecutorial discretion (PD), and those involving deferred...

Asylum Applicant with Administratively Closed Case Entitled to EAD: AAO

"The joint request administratively closing the asylum request appears to make the asylum application remain "undecided" within the meaning of 8 C.F.R. § 274a.12(c)(8) because the IJ has made an interlocutory or non-final order rather than dismissing the case. The AAO agrees with...

DHS, White House Consider Administrative Relief, Including Bond Hearings

"Obama administration officials are considering allowing bond hearings for immigrants in prolonged detention, officials said, a shift that could slow the pace of deportations because immigration courts expedite cases of incarcerated immigrants. ... With legislation at an apparent impasse, the White...

Unpub. BIA on Administrative Closure

"In this unpublished decision, the Board of Immigration Appeals administratively closed proceedings pending receipt of the appeal record from USCIS and the issuance of a decision on the denial of a Form I-130 filed on the respondent's behalf. The Board stated that the immigration judge erred...

BIA on Admin. Closure: Matter of Montiel

Official Headnote : "Removal proceedings may be delayed, where warranted, pending the adjudication of a direct appeal of a criminal conviction. Matter of Avetisyan , 25 I&N Dec. 688 (BIA 2012), followed." - Matter of Montiel, 26 I&N Dec. 555 (BIA 2015) .

Unpub. BIA Sua Sponte Administrative Closure

David Estudillo writes: "Attached is a decision I just received from the BIA . To my surprise, the BIA on its own decided to admin close the appeal. On several prior occasions I asked Chief Counsel’s office to admin close the case, but it refused. (The client had 2 DUIs, and numerous other...