Administrative Closure is Back! Persons in removal (deportation) proceedings may again request that, in an exercise of prosecutorial discretion, their cases before the Immigration Court be administratively closed. Administrative closure is a judicial remedy allowing a case to be temporarily taken off of the courts active docket. This can be an excellent option for persons requesting relief from removal, who may qualify to request a defense to deportation, but whose cases may not likely succeed in Immigration Court. For persons who have pending applications such as cancellation of removal, or asylum, who have had employment authorization approved, their permission to work will remain valid as long as the case remains administratively closed. For persons residing in Florida, this also means they will be able to continue renewing their Florida Drivers license.
For several years, advocates have largely been unable to request administrative closure, except in limited circumstances. This is a welcome change which will improve the efficiency of Immigration Court, and most importantly avoid the likelihood and consequences of deportation. Administrative closure is a temporary remedy, different from termination, and an administratively closed case could be placed back on the court’s docket at a future time. One of our experienced immigration attorneys can evaluate the specific facts of your case and determine if requesting administrative closure, or termination of proceedings, is the best option given your unique circumstances.