Attorney General Holds IJs and the BIA Have No General Authority for Administrative Closure

In a case he had previously referred to himself for review, the attorney general held that IJs and the BIA have no general authority for administrative closure. Accordingly, IJs and the BIA may only administratively close a case where a previous regulation or a previous judicially approved settlement expressly authorizes such an action. Where a case has been administratively closed without such authority, the IJ or the BIA shall recalendar the case on the motion of either party. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017) are overruled. Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018)

Related Resources

• AG Refers BIA Decision to Himself for Review of Issues Relating to Administrative Closure (Matter of Castro-Tum, 27 I&N Dec. 187 (A.G. 2018))
• BIA Vacates IJ's Order of Administrative Closure (Matter of Castro-Tum, unpublished, 11/27/17)
• BIA Holds IJs Can Grant Opposed Motion for Administrative Closure (Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012))
• BIA Clarifies Matter of Avetisyan Regarding Administrative Closure (Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017))