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Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Matter of Castro-Tum is Dead Everywhere Except in the Sixth Circuit: It Must be Buried There Too
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blog , we argued that Matter of Castro- Tum , a Trump era decision by then Attorney General Jeff Sessions should be withdrawn.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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Castro-Tum Overruled: Matter of Cruz-Valdez
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Cyrus Mehta: Will Kisor Be The Nail In Castro-Tum's Coffin?
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA3 (2-1) Says "No!" to Castro-Tum
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...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA7 on Suspension, Repapering, Discretion: Zelaya Diaz v. Rosen
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...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA7 Rejects Castro-Tum!
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 !]
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA4 Vacates Castro-Tum
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Did the BIA Edit the Attorney General’s Decision in Matter of Castro-Tum? If So, Does it Matter?
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. ...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
A.G. Sessions on IJ Authority: Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Senators Raise Concerns Over Castro-Tum, Recalendaring
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
NAIJ Files Grievance over Sessions' Meddling in Castro-Tum
"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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
Retired IJs, Former BIA Members Blast Sessions' Meddling in Matter of Castro-Tum Remand
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
New Resources from CLINIC (May 2018)
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
Groups File Amicus Brief in Matter of Castro-Tum
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....
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