Zuniga Romero v. Barr (4th Cir. 8-29-19)
- Organization: U.S. Court of Appeals for the Fourth Circuit
- Document Type: Case law/admin decisions
- Date Created: Thursday, August 29, 2019
- Attachment(s): PDF
The Fourth Circuit analyzes deference requirements for reviewing Matter of Castro-Tum (which held that no statute or regulation grants IJs or the BIA the general authority to administratively close proceedings). The Court concludes that the plain language of 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii) unambiguously confers upon IJs and the BIA the general authority to administratively close cases. Furthermore, the Court finds that Castro-Tum (1) breaks with decades of the agency’s use and acceptance of administrative closure and (2) fails to give “fair warning” to the regulated parties of a change in a longstanding procedure.
In sum, the result is that 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii) unambiguously confer upon IJs and the BIA the general authority to administratively close cases such that the BIA’s decision should be vacated and remanded.
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