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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blog , we argued that Matter of Castro- Tum , a Trump era decision by then Attorney General Jeff Sessions should be withdrawn.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...

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...

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...

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...

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...

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...

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 !]

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...

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. ...

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...

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...

"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...

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...

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...

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....