Asylum Applicant with Administratively Closed Case Entitled to EAD: AAO

Asylum Applicant with Administratively Closed Case Entitled to EAD: AAO

"The joint request administratively closing the asylum request appears to make the asylum application remain "undecided" within the meaning of 8 C.F.R. § 274a.12(c)(8) because the IJ has made an interlocutory or non-final order rather than dismissing the case.  The AAO agrees with the director that even though the asylum claim may remain administratively closed for an unknown indefinite period of time, thus providing the applicant with a seemingly indefinite employment authorization, based on all the facts concerning the applicant's administratively closed asylum claim, the AAO find that the applicant is eligible for employment authorization by a preponderance of the evidence." - AAO, Sept. 6, 2013.