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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.

The Fourth Circuit hears appeals from the nine federal district courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina and from federal administrative agencies.

Topics:
  • Immigration Court
  • Legal Motions
  • Judicial Review