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    Admin Closure vs Termination: Immigration Court Process & Your Future

    Admin Closure vs Termination: Immigration Court Process & Your Future

    Administrative Closure vs. Termination:

    Administrative closure and termination are two essential immigration court procedures that individuals facing immigration-related issues should be aware of. Both processes can be utilized to either temporarily close or completely terminate a case pending before the Executive Office of Immigration Review (EOIR). This article aims to provide an overview of the key differences, benefits, and drawbacks of administrative closure and termination for those involved in immigration proceedings.

    Key Differences

    Understanding the distinctions between administrative closure and termination is crucial when navigating the complex world of immigration law. Below, we outline the primary differences between these two immigration court procedures.

    Administrative Closure

    Administrative closure can be requested by either the government or the individual in question. It is more commonly requested by the government when they prefer not to examine all the evidence and testimony needed to make an informed decision about whether someone should receive asylum or another form of relief. This may occur if there are issues with jurisdiction (i.e., who has authority over your case), timeliness (i.e., you didn't file within one year after entering the country), or other procedural matters. When administratively closed, your case technically remains “pending” with the immigration court and can be re-opened at any time by either party or the judge.

    Termination

    Termination, on the other hand, is more similar to a dismissal. An immigration judge can grant termination if the Department of Homeland Security (DHS) fails to meet their burden of proof to establish removability, or if DHS failed to properly vest jurisdiction with the immigration court. Termination can also be granted by stipulation or agreement of both parties. In some instances, depending on jurisdiction and posture, DHS can terminate proceedings unilaterally. Once terminated, the case cannot be simply re-opened by DHS or the court on its own authority. To restart proceedings against an immigrant whose case was already terminated, DHS would need to file an entirely new charging document with the immigration court, starting the case from the beginning.

    Benefits and Drawbacks of Administrative Closure and Termination

    Each of these immigration court procedures offers unique benefits and drawbacks, which we explore in detail below.

    Benefits of Administrative Closure:

    1. Ability to stay in the United States: Administrative closure allows you to remain in the country while your case is pending, which may be crucial if you are facing removal (deportation) and have family members in the U.S.
    2. Ancillary benefits remain intact: If you had an application for Cancellation of Removal pending, you could still be eligible for a work permit (Employment Authorization Document or EAD) and renew it indefinitely.
    3. Potential reopening if circumstances change: Examples include a new relationship that makes you eligible for a new form of relief, becoming the victim of a violent crime, or facing torture or certain death upon returning to your home country.

    Drawbacks of Administrative Closure:

    1. Limited access to certain benefits: The immigration court maintains exclusive jurisdiction over some applications, while other benefits are entirely unavailable, such as the provisional state-side waiver enacted during President Obama's first term.
    2. Your case remains in purgatory: Since your deportation case can be reopened at any time, you will have to live with that possibility. This can create a lot of unnecessary stress for yourself and your family.

    Benefits of Termination:

    1. Ability to stay in the United States: Termination allows you to remain in the country, which may be crucial if you had no substantive relief from deportation available and have family members in the U.S.
    2. Freedom to pursue other legal options: Termination allows you to file affirmative applications with USCIS that were previously prohibited, such as the provisional state-side waiver or an adjustment of status.
    3. Departure without a deportation order: Termination enables you to leave the U.S. without a deportation order to pursue consular processing, provided there are no other eligibility issues.
    4. Restarting proceedings requires starting from scratch: The prosecutor and immigration judge have no authority to restart proceedings unless DHS files a new charging document, such as a Notice to Appear.

    Drawbacks of Termination:

    1. Loss of pending applications and benefits: Termination dismisses the government's charges and completely closes your case with the immigration court, along with any pending relief applications. For instance, if you had a work permit based on an application pending before the immigration court, your work permit would become invalid and non-renewable upon termination.

    2. Limited access to immigration benefits awarded by the court: Certain immigration benefits, such as cancellation of removal for legal permanent residents and non-legal permanent residents, can only be awarded by the immigration court. If your only chance at a green card is through a discretionary application for 42b cancellation, termination may not be the best option.

    Work Permit Eligibility

    Work permit eligibility is a common concern for those involved in immigration proceedings. If your case is administratively closed, you may still be eligible for a work permit based on an application you previously filed with the immigration court. However, if your case is terminated, your work permit will likely be terminated as well, in most circumstances.

    Conclusion

    In conclusion, administrative closure and termination are two distinct immigration court procedures that serve different purposes and have unique benefits and drawbacks. Administrative closure temporarily suspends a case, allowing the individual to stay in the United States and maintain certain benefits, such as a work permit, while the case remains pending. On the other hand, termination results in the dismissal of charges and the closure of the case, which frees the individual to pursue other legal options and eliminates the possibility of the case being reopened without starting from scratch. However, termination also leads to the loss of certain benefits, such as work permits based on pending applications.

    When facing immigration proceedings, it is crucial that you and your immigration attorney understand the differences between administrative closure and termination, as well as the potential benefits and costs associated with each option. By carefully considering the unique circumstances of each case, individuals and their removal defense lawyer can make informed decisions about the best course of action. Ultimately, navigating the complex world of immigration law requires knowledge, strategy, and a clear understanding of one's rights and options.