On July 29, 2024, a new Executive Office of Immigration Review (EOIR) Final Rule, Efficient Case and Docket Management in Immigration Proceedings, went into effect. The rule codifies the authority of immigration judges (IJ) and the Board of Immigration Appeals (BIA) to administratively close and terminate removal proceedings. The new rule can be found in its entirety in the … Read more
Immigration removal proceedings may conclude with relief granted by the Immigration Judge or removal ordered. Cases may not reach conclusion for reasons such as eligibility for other immigration benefits or changes in circumstances, leading to prosecutorial discretion or legal motion to end proceedings. Termination, dismissal, and administrative closure are distinct ways to conclude proceedings, each with unique legal implications and consequences for the respondent’s immigration status and potential future proceedings. Administrative closure, unlike termination and dismissal, allows for the possibility of re-opening the case and maintaining employment authorization.
Matter of Jose Antonio GARCIA, 28 I&N Dec. 693 (BIA 2023) Decided March 24, 2023 In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). In this precedential decision, the BIA held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies. For … Read more