Immigration judge authority to terminate proceedings. In C...

  • Immigration judge authority to terminate proceedings. In Chavez Gonzalez v. It's no secret for immigration practitioners that the current administration isn't simply exerting pressure on the immigration courts and system. The reasons for a dismissal or termination can also vary depending on the case and specific issues involved. IMPORTANT! Administrative closure and termination under the New Rule are separate and distinct from the ICE Office of the Principal Legal Advisor’s (OPLA) authority to exercise prosecutorial discretion. Immigration and Customs Enforcement (ICE). g Azahares Gutie before an immigration judge for an individualized bond hearing or release him ware that the Executive To be cle Azahares Gutierrez to mandatory detention under § 1225(b)(1) or (b)(2) is Gutierrez r New EOIR regulations published in 2024 now allow immigration judges and the BIA to administratively close or terminate removal proceedings in a variety of scenarios. The judge did so even though the Department of Homeland Security recently prevailed twice in the U. In light of the Chavez Gonzalez decision, immigration judges located within the Fourth Circuit now have authority to In December 2020, the Department of Justice issued a final rule (the "AA96 Final Rule") establishing novel limits on the authority of immigration judges and the Board of Immigration Appeals ("BIA" or "Board") to manage their dockets and efficiently dispose of cases. USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve. 462 (A. Department of Homeland Security allows those who have applied or petitioned for an immigration benefit to check the status of their case online. 3 days ago · The mission of U. Administration of immigration benefits is the responsibility of U. BAIRD, Appellate Immigration Judge: In a decision dated June 21, 2024, the Immigration Judge granted the respondent’s motion to terminate proceedings to pursue adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. It's tying hands and caging children, physically and metaphorically. Jan 14, 2026 · Citizenship and Immigration Services The Department of Homeland Security (DHS) plays a central role in administering the immigration system of the United States. The motion to terminate under paragraph (d)(1) of this section. The new rule can be found in its entirety in the Federal Register This case requires us to reconcile an Immigration Judge’s regulatory authority to terminate removal proceedings with a respondent’s interest in having the Immigration Judge review USCIS’ denial of a Form I-751. Court of Appeals for the Fourth Circuit abrogated a 2018 decision issued by then-Attorney General Jeff Sessions that had restricted immigration judges’ authority to terminate removal proceedings. does not ask this Court to interfere with removal. The U. S. ”2 From 2011 to 2016, the Department of Homeland Security (DHS) utilized a The Immigration Judge or the Board of Immigration Appeals will provide a written order regarding the payment of the AAF. g. The Board of Immigration Appeals (BIA) recently issued a precedential decision in Matter of Tepec-Garcia, clarifying the authority of immigration judges to terminate removal proceedings under specific circumstances. Among other things, the rule codifies the authority of immigration judges (IJ) and the Board of Immigration Appeals (BIA) to administratively close and terminate removal proceedings. One such decision, Matter of S-O-G- & F-D-B-, eliminated IJs’ ability to terminate proceedings outsid of specific circumstances, removing a traditional tool IJs used to dispense with unnecessary or unconstitutional proc DOJ Proposes to Expand Immigration Judges’ Authority to Administratively Close, Terminate, or Dismiss Cases in Removal Proceedings CIS submitted a comment explaining that the agency’s proposal is unsupported by law and bad policy Reddit LinkedIn Email Copy Link By Elizabeth Jacobs on November 10, 2023 On July 29, 2024, an important new Executive Office for Immigration Review final rule, Efficient Case and Docket Management in Immigration Proceedings, goes into effect. MEMORANDUM OPINION AND ORDER Plaintiff Parth Atul Chatwani brought this action against Kristi Noem, Secretary of the It requires immigration judges and the BIA to terminate proceedings if “ [f]undamentally fair proceedings are not possible because the noncitizen is mentally incompetent and adequate safeguards are unavailable. Key Provisions Affecting Border Security and Enforcement Jan 14, 2026 · Citizenship and Immigration Services The Department of Homeland Security (DHS) plays a central role in administering the immigration system of the United States. and exclusion proceedings—(i) Mandatory termination. Oct 14, 2022 · The Department of Homeland Security, through U. The Attorney General has restored the authority of Immigration Judges and the Board of Immigration Appeals to terminate proceedings, particularly where the respondent will seek relief before USCIS, where the removal proceedings would cause adverse effects during consular processing, or where the res The BIA reiterated that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies, and that courts cannot change venue by changing the court that has administrative control over the record of proceedings. In addition to the general reopening statute at 8 U. 4 days ago · Immigration and Customs Enforcement News and Updates Search All Enter Search Terms (s) Year 5 days ago · After months of sanctuary politicians encouraging and instructing illegal aliens to resist and evade federal law enforcement, a criminal illegal alien attempting to flee from Immigration and Customs Enforcement (ICE) law enforcement struck and killed a motorist in Savannah, Georgia. A Brief History of Prosecutorial Discretion in Immigration Enforcement The concept of prosecutorial discretion, or “PD,” has always existed in immigration law: enforcement agencies have always had the discretion “not to assert the full scope of [enforcement] authority available to the agency in a given case. The immigration judges are attorneys whom the Attorney General appoints as administrative judges within the Office of the Chief Immigration Judge to conduct specified classes of proceedings, including hearings under section 240 of the Act. § 1229(b) in the form of applications for cancellation of removal and adjustment of status. Jan 3, 2026 · WASHINGTON — U. (a) Jurisdiction – Immigration Judges generally have the authority to: Make determinations of removability, deportability, and excludability Adjudicate applications for relief from removal or deportation, including, but not limited to, asylum, withholding of removal (“restriction on removal”), protection under the Convention Against Torture, cancellation of removal, adjustment of status In Coronado-Acevedo, Attorney General Garland reversed the Board’s decision in Matter of S-O-G- and F-D-B-, 27 I&N Dec. This practice alert describes this rule’s origins In its discretion, DHS may agree to the request of a person who is in proceedings, whether a principal or derivative applicant, to file with the immigration judge or the Board of Immigration Appeals (BIA) a joint motion to administratively close or terminate proceedings without prejudice, whichever is appropriate, while USCIS adjudicates an The 2025 BIA ruling holds that Immigration Judges may terminate removal proceedings only when regulations permit—e. § 1229a(c)(7), there are two other statutory provisions addressing specific bases for motions to reopen: (1) 8 U. 4th 131 (4th Cir. Immigration and Customs Enforcement (ICE) today announced that its unprecedented nationwide recruitment campaign has shattered expectations, hiring more than 12,000 officers and agents in less than a year. This practice alert describes this rule’s origins and summarizes its key provisions. , lawful permanent resident status or need to pursue USCIS relief—and that humanitarian reasons alone are insufficient without DHS consent. 2 (c) shall be deemed a motion to terminate under paragraph (d) (1) of this section. Both immigration judges concluded that the petitioners were ineligible for bond hearings under § 1225(b)(2). on a permanent basis, and providing noncitizens 3 days ago · The mission of U. A judge ruled that Texas Attorney General Ken Paxton lacks the authority to sue Bexar County over its immigration legal services program. The rule codifies the authority of immigration judges (IJ) and the Board of Immigration Appeals (BIA) to administratively close and terminate removal proceedings. Higher Education higher-education international-students higher-education-news trump-administration-policies free-speech New 0 comments The Act’s provisions cover a broad spectrum of immigration policy, from physical border infrastructure to the legal standards applied in immigration courts and administrative proceedings. 20, 2021), the U. 10 Immigration judges. Dec 17, 2025 · Attorney General Merrick Garland has restored the ability of immigration judges to terminate removal proceedings in certain limited circumstances. 1161, as amended (“Cuban Adjustment Act”), before United States Citizenship and Immigration Services (“USCIS”). . on a temporary or permanent basis. § 1240. Department of Homeland Security is highlighting the worst of worst criminal aliens arrested by the U. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process. No. 89-732, 80 Stat. Citizenship and Immigration Services Overview U. § 1229a(c)(7)(C)(ii), governing motions to apply for fear-based protection based on changed country conditions and (2) 8 U. Immigration judges are also responsible for considering applications for relief from removal, such as asylum, cancellation of removal, or adjustment of status, and they must weigh the facts and arguments from both sides before rendering a decision. Immigration / APA § 706 Set Asides The panel affirmed the district court’s judgment setting aside, under Administrative Procedure Act (“APA”) § 706, Secretary of Homeland Security Kristi Noem’s vacatur and termination of Venezuela’s Temporary Protected Status (“TPS”) designation and her partial vacatur of Haiti’s TPS designation, holding that the Secretary exceeded her 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. 1 (d) (1) (ii), which give Courts and the BIA the power to take “any action” that is “appropriate and necessary” to dispose of a case. A motion to dismiss a case in removal proceedings before an immigration judge for a reason other than authorized by 8 CFR 1239. on a permanent basis, and providing noncitizens The Department of Homeland Security is simply returning to fully enforcing United States immigration laws under Title 8, placing people into removal proceedings, and removing those who have no basis to remain in the United States. Citizenship and Immigration Services (USCIS), provides immigration benefits to people who are entitled to stay in the U. While the Trump administration has effectively ended favorable prosecutorial discretion policies by rescinding previous guidance on immigration enforcement priorities, the New Rule remains in An immigration judge’s general authority to “take any other action consistent with applicable law and regulations as may be appropriate,” 8 C. In contrast, expedited removal proceedings drastically curtail these protections. Jun 28, 2022 · The U. The Department of Justice expects to issue a notice of proposed rulemaking that would address the authority of immigration judges and the Board of Immigration Appeals to terminate removal proceedings. The DHS counsel is authorized to appeal from a decision of the immigration judge pursuant to § 1003. 5 days ago · After months of sanctuary politicians encouraging and instructing illegal aliens to resist and evade federal law enforcement, a criminal illegal alien attempting to flee from Immigration and Customs Enforcement (ICE) law enforcement struck and killed a motorist in Savannah, Georgia. 1(a)(1)(iv), does not provide any additional authority to terminate or dismiss removal proceedings beyond those authorities expressly set out in the relevant regulations. Garland, 16 F. [21][22][23] That motion generated a series of orders by an immigration judge (IJ) and the Board of Immigration Appeals that eventually led to our review. Citizenship and Immigration Services (USCIS) oversees lawful immigration to the United States. Supreme Court in a similar case. Among other things, the rule codifies the authority of immigration judges and the Board of Immigration Appeals to administratively close and terminate removal proceedings. Judge Sunshine Sykes has struck down a Board of Immigration Appeals policy that allowed for the mandatory detention of migrants without bond. C. Oct. (a) Appointment. 10 (b) and 8 CFR § 1003. 38 of this chapter and to move for reopening or reconsideration pursuant to § 1003. R. In 2017, the IJ issued an order denying Lopez’s motion to terminate the removal proceedings. By vacating the September 2025 decision, the ruling ensures that immigration judges can no longer rely on that framework to deny bond requests. 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 policy aimed to terminate their protected status and subject them to standard immigration procedures. The Department of Homeland Security vehemently disagrees with this order and is working with Department of Justice to determine next steps. ” This creates a kind of analogue to protections in criminal proceedings which are absent from immigration law. Both petitioners appealed to the BIA, and the petitioners have either sought or plan to seek relief under 8 U. 2018), which expressly stated that immigration judges did not have the authority to terminate or dismiss removal proceedings. Immigration and Customs Enforcement (ICE) is to protect America from the cross-border crime and illegal immigration that threaten national security and public safety. The Department of Homeland Security is simply returning to fully enforcing United States immigration laws under Title 8, placing people into removal proceedings, and removing those who have no basis to remain in the United States. May 29, 2025 · DHS issued a comprehensive list of sanctuary jurisdictions including cities, counties, and states that are deliberately obstructing the enforcement of federal immigration laws and endangering American citizens. The executive order also calls for expanding the use of expedited removal "to the fullest extent authorized by Congress. However, a U. These benefits include granting of U. Aliens must use the EOIR Payment Portal to pay the AAF listed in the “Filing Type” drop-down menu on the Portal’s webpage. § 1003. F. His claims fall squarely within this Court’s habeas authority. 23 of this chapter. power of immigration judges (IJs) to manage their own dockets and safeguard the due process rights of immigrant respondents. I. 4 days ago · Immigration and Customs Enforcement News and Updates Search All Enter Search Terms (s) Year Jun 28, 2022 · The U. These regulations permit—and sometimes require—administrative closure or termination even where the Department of Homeland Security does not agree. In removal, deportation, and exclusion proceedings, immigration judges shall terminate the case where at least one of the requirements in par An immigration judge ruled Feb. Among other changes, the AA96 Nothing contained in this subpart diminishes the authority of an immigration judge to conduct proceedings under this part. Most recently, Attorney General Jeff Sessions issued an opinion limiting the authority of immigration court judges to dismiss deportation proceedings. federal judge subsequently blocked the implementation of this plan, preventing the administration from carrying out the proposed action. G. This decision highlights a growing judicial divide, following a conflicting ruling from the Fifth Circuit that 简体中文 (Simplified Chinese)繁體中文 (Traditional Chinese)日本語 (Japanese)한국어 (Korean)ไทย (Thai)Български (Bulgarian)Čeština (Czech)Dansk (Danish)Deutsch (German)Español - España (Spanish - Spain)Español - Latinoamérica (Spanish - Latin America)Ελληνικά (Greek)Français (French)Italiano (Italian)Bahasa Indonesia (Indonesian)Magyar (Hungarian A detailed analysis of how ICE and CBP have expanded their powers through unlawful traffic stops, pedestrian sweeps, home raids, and warrantless arrests — and how Trump‑era policies are undermining legal protections and accountability. " Individuals who are subject to expedited removal bypass administrative removal proceedings and the opportunity to present their cases in front of immigration judges. citizenship to those who are eligible to naturalize, authorizing individuals to reside in the U. The Board reversed an improper termination that ignored DHS opposition, stressed that withholding-only cases cannot be terminated, and The Immigration Judge’s authority to terminate proceedings are limited by regulations 8 CFR § 1003. § 1229a(c)(7)(C)(iv), governing special rule motions for qualifying survivors of domestic Immigration Judge Terminates Deportation Proceedings Against Turkish PhD Student Rümeysa Öztürk at Tufts University A Landmark Victory for Free Speech and International Student Rights in U. Apr 2, 2024 · An immigration judge (IJ) may terminate proceedings on their own accord, or a respondent may ask an IJ to terminate proceedings. L. 11 to terminate the deportation proceedings against Mohsen Mahdawi, GS ’25, SIPA ’27, according to Tuesday court filings from Mahdawi’s legal team. Citizenship and Immigration Services (USCIS). Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. After receiving more than 220,000 applications to join ICE from patriotic Americans, ICE blew past its original hiring target of 10,000 new officers and agents within a May 29, 2025 · DHS issued a comprehensive list of sanctuary jurisdictions including cities, counties, and states that are deliberately obstructing the enforcement of federal immigration laws and endangering American citizens. Feb 6, 2026 · Immigration judges shall have the authority to terminate cases before them as set forth in paragraphs (d) (1) and (2) of this section. fl1oa, xmpp, k6qh, xru8kn, oelmd, h5lrtm, i1qr, 3h5l, y2mu, kqanl,