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AVETISYAN

BIAJuly 1, 2012No. ID 3740Cited 123 times
RemandedAVETISYAN

Case Details

Status
Published
Procedural Posture
appeal before Board of Immigration Appeals

Related Laws

No specific laws identified for this ruling.

Outcome

BIA established new legal standard for administrative closure of removal proceedings, overruling prior precedent and setting forth six-factor test for Immigration Judges and Board to apply when determining whether closure is appropriate.

Excerpt

AVETISYAN, 25 I&N Dec. 688 (BIA 2012) ID 3740 (PDF) (1) Pursuant to the authority delegated by the Attorney General and the responsibility to exercise that authority with independent judgment and discretion, the Immigration Judges and the Board may administratively close removal proceedings, even if a party opposes, if it is otherwise appropriate under the circumstances. Matter of Gutierrez, 21 I&N Dec. 479 (BIA 1996), overruled. (2) In determining whether administrative closure of proceedings is appropriate, an Immigration Judge or the Board should weigh all relevant factors, including but not limited to: (1) the reason administrative closure is sought (2) the basis for any opposition to administrative closure (3) the likelihood the respondent will succeed on any petition, application, or other action he or she is pursuing outside of removal proceedings (4) the anticipated duration of the closure (5) the responsibility of either party, if any, in contributing to any current or anticipated delay and (6) the ultimate outcome of removal proceedings (for example, termination of the proceedings or entry of a removal order) when the case is recalendared before the Immigration Judge or the appeal is reinstated before the Board.

What This Ruling Means

**What Happened** This case involved immigration removal proceedings against someone named Avetisyan. The dispute centered on whether immigration judges have the authority to administratively close (temporarily pause) deportation cases, even when one of the parties objects to stopping the proceedings. **What the Court Decided** The Board of Immigration Appeals (BIA) ruled that immigration judges do have the power to pause removal proceedings when they determine it's appropriate, regardless of whether the government or the individual being deported opposes this action. The court established a new six-factor test that judges must use when deciding whether to pause these cases. This decision overturned an earlier ruling that had limited judges' authority in this area. **Why This Matters for Workers** This ruling is significant for immigrant workers facing deportation. It gives immigration judges more flexibility to pause deportation cases when circumstances warrant it - for example, if someone is waiting for a visa application to be processed or if there are other pending legal matters. This can provide immigrant workers with additional time to resolve their immigration status while remaining in the United States, potentially allowing them to continue working legally while their cases are pending.

This summary was generated to explain the ruling in plain English and is not legal advice.

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