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Immigration Law

CA6 Rejects Castro-Tum: Garcia-DeLeon v. Garland

Garcia-DeLeon v. Garland

"We conclude that 8 C.F.R. § 212.7(e)(4)(iii), in conjunction with 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii), gives IJs and the BIA the authority for administrative closure to permit noncitizens to apply for and receive provisional unlawful presence waivers. ... Here, we ... conclude that 8 C.F.R. § 212.7(e)(4)(iii), in conjunction with 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii), provides IJs and the BIA the authority for administrative closure to permit noncitizens to apply for and receive provisional unlawful presence waivers. ... We conclude that immigration judges and the BIA retain the authority to grant administrative closure so that noncitizens may apply for a provisional unlawful presence waiver. Thus, we GRANT the petition for review, VACATE the BIA’s order, and REMAND for further proceedings consistent with this opinion."

[Hats off to David E. Funke!]