Third Circuit backs immigration judge’s power to close deportation cases, disagrees with Castro-Tum.
May 9, 2021
On Wednesday, the Third Circuit became the latest to rule that immigration judges have the authority to indefinitely close deportation cases while awaiting rulings in related proceedings. In a two to one ruling, the appellate court joined the Fourth and Seventh Circuits, holding that the BIA should have allowed a Mexican citizen to ask an immigration judge for “administrative closure” of his removal case in order to seek renewal of his DACA status. This decision places the Third Circuit among the group of courts which have held that Sessions’ 2018 Castro-Tum opinion of immigration judges not having the authority to administratively close cases, was wrong.