administratively closed
Aug 5th 2011, 10:23 pm
#1
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Location: Phoenix, AZ
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administratively closed
situation: individual was in removal proceedings. case was administratively closed so they can file to adjust status due to spouse (currently LPR with expired green card, eligible to apply for citizenship).
what happens if nothing is ever filed to adjust status. does administratively closed mean the case is closed forever or there will eventually be a follow up hearing? as long as adjustment of status is never filed then the person will just continue to remain out of status until and unless they are put back in removal proceedings?
what happens if nothing is ever filed to adjust status. does administratively closed mean the case is closed forever or there will eventually be a follow up hearing? as long as adjustment of status is never filed then the person will just continue to remain out of status until and unless they are put back in removal proceedings?
Aug 6th 2011, 12:13 am
#2
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: administratively closed
situation: individual was in removal proceedings. case was administratively closed so they can file to adjust status due to spouse (currently LPR with expired green card, eligible to apply for citizenship).
what happens if nothing is ever filed to adjust status. does administratively closed mean the case is closed forever or there will eventually be a follow up hearing? as long as adjustment of status is never filed then the person will just continue to remain out of status until and unless they are put back in removal proceedings?
what happens if nothing is ever filed to adjust status. does administratively closed mean the case is closed forever or there will eventually be a follow up hearing? as long as adjustment of status is never filed then the person will just continue to remain out of status until and unless they are put back in removal proceedings?
It should be noted that an alien cannot adjust while in a removal case which is administratively closed unless they are an "arriving alien." If they are not an "arriving alien" it is necessary for a case to be "terminated" for CIS to obtain jurisdiction.
One may want to read Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). I happen to be quite familiar with the case and the underlying procedural facts are downright weird -- many of which are not set forth in the opinion. Yauri was discussed a bit in the the recent Freire case in the Second Circuit. I am amused that the BIA referred to the way USCIS operates as "whim." The really said that.
Aug 9th 2011, 5:53 am
#3
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Re: administratively closed
"Administrative closure" takes the case off the court's calendar. It can be placed back on the court's calendar at the request of either party.
It should be noted that an alien cannot adjust while in a removal case which is administratively closed unless they are an "arriving alien." If they are not an "arriving alien" it is necessary for a case to be "terminated" for CIS to obtain jurisdiction.
One may want to read Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). I happen to be quite familiar with the case and the underlying procedural facts are downright weird -- many of which are not set forth in the opinion. Yauri was discussed a bit in the the recent Freire case in the Second Circuit. I am amused that the BIA referred to the way USCIS operates as "whim." The really said that.
It should be noted that an alien cannot adjust while in a removal case which is administratively closed unless they are an "arriving alien." If they are not an "arriving alien" it is necessary for a case to be "terminated" for CIS to obtain jurisdiction.
One may want to read Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). I happen to be quite familiar with the case and the underlying procedural facts are downright weird -- many of which are not set forth in the opinion. Yauri was discussed a bit in the the recent Freire case in the Second Circuit. I am amused that the BIA referred to the way USCIS operates as "whim." The really said that.
im aware of cancellation of removal
voluntary departure and adjustment of status
will the Ij just close the case and revert control to uscis? doesnt seem plausible, but i dont know .....
Aug 9th 2011, 12:19 pm
#4
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: administratively closed
Actually, it is up to ICE District Counsel. If the TA agrees, the IJ can "terminate" the proceedings. In that case, USCIS will then have jurisdiction over the adjustment. Otherwise, it is the IJ who will have jurisdiction over any relief such as adjustment, asylum, cancellation, etc.
BTW, in most case voluntary departure is worthless. The 1996 amendments made it harder to get and also made it worthless - go figure. However, it remained a habit since 1997 to continue the prior practice of getting it. Many attorneys now consider it downright malpractice to seek and obtain it.
BTW, in most case voluntary departure is worthless. The 1996 amendments made it harder to get and also made it worthless - go figure. However, it remained a habit since 1997 to continue the prior practice of getting it. Many attorneys now consider it downright malpractice to seek and obtain it.
