Immigration Law

Recent Posts

Matter of Castro-Tum is Dead Everywhere Except in the Sixth Circuit: It Must be Buried There Too
Posted on 10 Aug 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Aug. 10, 2021 "In a previous blog , we argued that Matter of Castro- Tum , a Trump era decision by then Attorney General Jeff Sessions should be withdrawn. Matter of Castro -Tum held that Immigration Judges (IJs) and... Read More

Tags: castro-tum

Castro-Tum Overruled: Matter of Cruz-Valdez
Posted on 15 Jul 2021 by Daniel M. Kowalski

Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021) (1) Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), is overruled in its entirety. (2) While rulemaking proceeds and except when a court of appeals has held otherwise, immigration judges... Read More

CA6 Rejects Castro-Tum: Garcia-DeLeon v. Garland
Posted on 5 Jun 2021 by Daniel M. Kowalski

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... Read More

Cyrus Mehta: Will Kisor Be The Nail In Castro-Tum's Coffin?
Posted on 11 May 2021 by Daniel M. Kowalski

Cyrus Mehta, May 10, 2021 "On May 5, 2021, the majority opinion in the Third Circuit Court of Appeals decision in Sanchez v. Attorney General followed two other circuit courts in holding that an Immigration Judge (IJ) has the authority to administratively... Read More

CA3 (2-1) Says "No!" to Castro-Tum
Posted on 5 May 2021 by Daniel M. Kowalski

Arcos Sanchez v. Atty. Gen. "We are fully persuaded that, as discussed in Romero and Meza Morales, the regulations afford IJs and the Board authority to take any action (including administrative closure) as is appropriate and necessary (in the... Read More

Tags: castro-tum

CA7 on Suspension, Repapering, Discretion: Zelaya Diaz v. Rosen
Posted on 21 Jan 2021 by Daniel M. Kowalski

Zelaya Diaz v. Rosen "Our decision in Meza Morales effectively reinstated the prior Board precedent on the Avetisyan and W-Y-U factors, and neither the immigration judge nor the Board considered those factors here. It is not clear from the Board’s... Read More

Tags: castro-tum

CA7 Rejects Castro-Tum!
Posted on 26 Jun 2020 by Daniel M. Kowalski

Meza Morales v. Barr "We ... reject CastroTum and hold that immigration judges are not precluded from administratively closing cases when appropriate." [Hats off to Chuck Roth !] Read More

Tags: castro-tum

CA4 Vacates Castro-Tum
Posted on 29 Aug 2019 by Daniel M. Kowalski

Zuniga Romero v. Barr "After an immigration judge (“IJ”) denied Jesus Zuniga Romero’s request for administrative closure of his case—which would have removed it from the IJ’s active docket pending the completion of... Read More

Tags: castro-tum , barr , bia

Did the BIA Edit the Attorney General’s Decision in Matter of Castro-Tum? If So, Does it Matter?
Posted on 2 Nov 2018 by Daniel M. Kowalski

Matthew Hoppock, Nov. 2, 2018 - "A series of FOIA requests regarding the Attorney General’s decision in Matter of Castro-Tum seem to have revealed something strange about that decision: it was edited after the Attorney General issued it. ... Read More

A.G. Sessions on IJ Authority: Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)
Posted on 18 Sep 2018 by Daniel M. Kowalski

Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018) (1) Consistent with Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings. (2) Immigration judges... Read More

Senators Raise Concerns Over Castro-Tum, Recalendaring
Posted on 18 Sep 2018 by Daniel M. Kowalski

Letter, Sept. 13, 2018 - "Dear Secretary Nielsen and Attorney General Sessions: We write today to express our concerns about recent reports that Immigration & Customs Enforcement (ICE) intends to request the recalendaring of thousands of deportation... Read More

NAIJ Files Grievance over Sessions' Meddling in Castro-Tum
Posted on 8 Aug 2018 by Daniel M. Kowalski

"Judges’ Union Files Grievance Over DOJ’s Interference with Judicial Independence and Violation of the Due Process Rights of Those Appearing before the Immigration Courts; Guatemalan Youth Ordered Deported Despite Philadelphia-based Federal... Read More

Retired IJs, Former BIA Members Blast Sessions' Meddling in Matter of Castro-Tum Remand
Posted on 2 Aug 2018 by Daniel M. Kowalski

July 30, 2018 open letter - "On Thursday, July 26, 2018, the Executive Office for Immigration Review (EOIR), in a costly and inefficient use of the agency’s resources, sent an Assistant Chief Immigration Judge to the Philadelphia Immigration... Read More

New Resources from CLINIC (May 2018)
Posted on 6 Jun 2018 by Daniel M. Kowalski

Practice Pointer: Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) - "This practice pointer provides practitioners guidance on the Attorney General’s Matter of Castro-Tum decision issued on May 17, 2018. Matter of Castro-Tum revokes immigration... Read More

Groups File Amicus Brief in Matter of Castro-Tum
Posted on 26 Mar 2018 by Daniel M. Kowalski

AILA, the Tahirih Justice Center, the Center for Gender and Refugee Studies, Asista Immigration Assistance and the Asian-Pacific Institute on Gender-Based Violence filed this amicus brief in response to Matter of Castro-Tum, 27 I&N Dec. 187 (A.G.... Read More