"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 of open questions of law currently pending before the Board and other federal courts will have a determinative effect on his eligibility for relief. (Resp't. Mot.) Specifically, the respondent states that he was legally married to his same-sex spouse in New York. (Id.) Matter of Dorman, a case currently on the Board's docket, poses the question of whether a respondent's same-sex spouse is a qualifying relative for purposes of cancellation of removal. 25 I&N Dec. 485 (AG 2011). ... The respondent further notes that the duration of the closure will be the time it takes the Board to issue a decision in Dorman. (Resp't. Mot.) Given that the respondent's eligibility for relief is dependent upon the answer to an open question of law which is currently pending before the Board, it is reasonable to await that decision." - Matter of X-, Mar. 31, 2012.
Hats off to attorney Bryon M. Large!