In immigration proceedings, “Administrative Closure” refers to a procedure where a case is essentially “put on hold” either for a specific period or indefinitely. Although the case remains legally active, government officials and immigration courts effectively stop addressing it, placing it in an “inactive status.” This status can last for years. The primary purpose of administrative closure is to help immigration services manage their caseloads more effectively. By pausing “low-priority” cases, the government can allocate resources to higher-priority matters.
How Does Administrative Closure Work?
Administrative closure can be requested by either a government attorney or a private immigration attorney representing the immigrant. It is most likely to be granted under circumstances such as:
- Non-priority cases: When the respondent is not an enforcement priority, and there is no objection from either party.
- Mutual agreement: When the respondent requests administrative closure, and the government does not object.
- Pending applications: When it is reasonable to allow time for the respondent to file an application or petition with another agency, particularly if there is a likelihood of success.
- Adjudication delays: When waiting on another agency’s decision on a previously filed application or petition.
- Visa availability: When a visa petition has been approved but requires time for the visa to become available.
- Temporary protected status: When the respondent has been granted temporary protected status.
You can also read: U.S. Lifts 2-Year Home-Residency Rule for J-1 Visa Holders
Legal Considerations for Administrative Closure
Even if the above factors are present, Irvine Immigration Lawyer judges must determine whether administrative closure is legally appropriate. In the Matter of Avetisyan, the Board of Immigration Appeals provided guidance on how immigration judges should weigh factors when considering administrative closure:
- Reason for the request: Why is administrative closure being sought?
- Opposition basis: What are the reasons, if any, for opposing administrative closure?
- Likelihood of success: How likely is the respondent to succeed in their pending petition, application, or other actions outside the removal proceedings?
- Closure duration: What is the anticipated length of the administrative closure?
- Responsibility for delays: Did either party contribute to current or anticipated delays?
- Outcome of calendaring: What is the expected result when the case is calendared or reinstated?
Judges’ Role and Discretion
Administrative closure generally requires the agreement of the immigration court. While courts often agree to closure under the described circumstances, the ultimate decision lies with the immigration judge. Importantly, administrative closure is not an immigrant’s “right” and is not guaranteed even if both the government and the respondent agree. Judges are required to exercise independent judgment and discretion, ensuring their decisions align with the law.
Benefits of Administrative Closure
When a case is administratively closed, the proceedings are paused, and no further action is taken. In deportation cases, this means deportation is paused, allowing the immigrant to remain in the U.S. without attending court or fearing immediate removal. During this pause, the immigrant may also:
- Maintain employment authorization: They can renew their work authorization (EAD) as if the case were still active.
- Pursue ancillary benefits: Immigrants can file forms and petitions to seek additional benefits.
It is important to note that administrative closure can be revoked, and the case can be restored to “active” status if necessary.
Contact Feng Law Office | Immigration Today
If you have questions about administrative closure, contact the experienced immigration attorneys at Feng Law Office | Immigration. Located in Irvine, California, we are committed to fighting for you and meeting the highest standards of client satisfaction. Call us at (657) 543-9308 to schedule a consultation, or complete our convenient “Get Your Consultation” form on our website. Let us guide you through the complexities of immigration law with expertise and care.
FAQs
Administrative closure helps immigration services manage their caseload by pausing low-priority cases, allowing resources to be allocated to higher-priority matters.
Yes, administrative closure can be revoked, and the case can be restored to active status if necessary.
- While the case is administratively closed, deportation is paused, allowing the immigrant to remain in the U.S. without attending court or fearing removal.
Yes, immigrants can renew their work authorization (EAD) as if the case were still active.
No, immigration judges have the final say and must exercise independent judgment, even if both the government and the respondent agree to administrative closure.
ICONIER Digital Agency