Tag: motions
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FINAL RULE ON ADMINISTRATIVE CLOSURE & TERMINATION OF PROCEEDINGS
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…
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Administrative Closure vs Termination vs Dismissal
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…
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BIA Addresses Choice of Law
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…
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Comments
Thanks for sharing. I read many of your blog posts, cool, your blog is very good.
This saved me from an RFE. Thnx.