Receiving notice that your immigration case has been administratively closed can be confusing. You’re often left wondering what that means for your immigration status and if you are free to live and work without fear of deportation. Having your case reviewed and decided is a better option than waiting in limbo. You may be wondering, what are common defenses in administratively closed immigration cases in New York? Do I need to hire an immigration lawyer?
Why Clients Trust Us
When your immigration case is administratively closed, it can be overwhelming to be unsure of your status in the country. At the Law Offices of Robert Tsigler, our knowledgeable team is always available to assist you in every way. Named one of the 10 Best Immigration Law Firms by the American Institute of Legal Counsel, we are ready to fight for you. Don’t settle when it comes to your future. We’re ready, day or night, to review the facts of your case.
Immigration Courts in the United States
Immigration courts operate in the United States within the U.S. Department of Justice’s (DOJ’s) Executive Office for Immigration Review (EOIR). Within the EOIR, the Office of the Chief Immigration Judge (OCIJ) oversees more than 600 immigration judges who work in the 72 immigration courts and three adjudication centers located throughout the United States. There are six immigration courts in New York State:
- -Batavia Immigration Court
- -Buffalo Immigration Court
- -New York/Broadway Immigration Court
- -New York/Federal Plaza Immigration Court
- -Ulster Immigration Court
- -New York-Varick
At the end of 2024, the number of pending cases in immigration courts was roughly 3.6 million, an increase of 44% from the end of 2023. A total of 1,783,915 new immigration cases were initiated, and only 704,514 cases were resolved. The reasons for such an extensive backlog include:
- -Limited resources and staffing
- -Increased immigration enforcement
- -Changes to migrant arrival patterns
- -Disruptions during the COVID-19 pandemic
What Is Administrative Closure?
Administrative closure is defined in the Code of Federal Regulations under docket management. An administrative closure in an immigration case simply removes the case from the court’s active calendar until the case is recalendared. An administrative closure does not resolve the case or provide a verdict. The case can be recalendared by either the respondent, the government, or an immigration judge.
Administrative closure has been widely used by immigration court judges since the 1980s as a docket management tool to pause low-priority cases in favor of hearing higher-priority cases. Judges consider several factors when deciding if a case should be administratively closed.
Common Defenses in Administratively Closed Immigration Cases in New York
Having your immigration case administratively closed leaves you uncertain of your future status within the country. You are still at risk of deportation if your case is reopened and you fail to appear at your new hearing. With no final resolution, you may have difficulties applying for work permits or green cards that would allow you to remain in the country legally. A skilled immigration attorney can help recalendar your case. Possible resolutions include:
- –Visa status adjustments. If you meet the specific requirements for lawful permanent resident (LPR) status through familial ties, marital status, or a qualifying job, you may be able to seek a visa status adjustment.
- –Seek asylum. If you fear persecution in your home country, you can petition for affirmative asylum if you’ve been in the country less than a year or defensive asylum if you are facing deportation.
- –Petition for cancellation of removal. This petition may be granted if you can prove that your removal would cause serious pain and suffering to a U.S. citizen or LPR.
FAQs
What Happens If my Immigration Case Is Administratively Closed?
When an immigration case is administratively closed, it is temporarily suspended at the discretion of the judge. The case is removed from the active calendar until it can be recalendared. An administratively closed case can be recalendared at the request of the government or the individual.
Judges use administrative closure as a way of managing caseloads by closing low-priority cases to focus on higher-priority cases. Cases are also often administratively closed so the respondent can file an application or petition with another agency.
How Long Can a Case Be Administratively Closed?
Technically, a case can be closed indefinitely, as there is no maximum amount of time that a case can remain administratively closed. As of September 2020, TRAC found that cases were administratively closed, on average, 1,296 days before being recalendared. Once recalendared, a hearing was scheduled promptly, and a decision was made in only four months.
Can an Administratively Closed Case Be Reopened?
Yes, an administratively closed case can be reopened. The ultimate goal of administratively closing a case is for it to be recalendared and decided by an immigration judge. Judges routinely use administrative closure as a tool to allow the respondent to apply to or petition other agencies regarding their immigration status. A study conducted by TRAC in 2020 found that 60.1% of cases ended with the respondent meeting the legal standards to remain in the country.
Are Immigration Cases a Federal or State Matter?
Immigration cases are handled in federal court by the Department of Justice’s (DOJ) Executive Office for Immigration Review (EOIR). Located throughout the United States, the EOIR oversees 72 immigration courts, the Board of Immigration Appeals, and three adjudication centers. These courts are considered civil courts and, as such, do not hear criminal cases related to immigration.
What Is the Difference Between Administrative Closure, Termination, and Dismissal?
When your case is either administratively closed, terminated, or dismissed, it means that your current case is over, and you are not being deported. However, each status differs in how your case may proceed in the future. An administrative closure stops proceedings temporarily under the discretion of a judge. A terminated case is dismissed by a judge but can be reopened later. Dismissal terminates a case permanently, preventing the case from being reopened.
Hire an Immigration Lawyer
Representation matters in an immigration case. Our attorneys have decades of experience fighting for the interests of our clients. Our knowledgeable team can speak Spanish, Russian, Mandarin, Italian, Hungarian, German, and more to better serve you during a difficult time. We’re available 24/7, so contact us now for a confidential consultation.
