BIA Clarifies Matter of Avetisyan Regarding Administrative Closure

Clarifying Matter of Avetisyan, the BIA held that the primary consideration for an IJ in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed and be resolved on the merits. The BIA further held that, in considering administrative closure, an IJ cannot review whether a noncitizen falls within the enforcement priorities of DHS, which has exclusive jurisdiction over matters of prosecutorial discretion. Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017)

Related Resources

• BIA Holds IJs Can Grant Opposed Motion for Administrative Closure (Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012))