Third Circuit Rules that Immigration Judges Have Authority to Close Deportation Cases

Last week, the 3rd US Circuit Court of Appeals joined the 4th and 7th Circuits in ruling that immigration judges have the authority to indefinitely close deportation cases while awaiting rulings in related proceedings. In a 2-1 ruling on May 5, 2021, the 3rd Circuit held in Sanchez v. Attorney General that the Bureau of Indian Affairs should have allowed a Mexican citizen to ask an immigration judge for “administrative closure” of his deportation case, giving him time to seek renewal of his DACA grant. Previously, it had been a longstanding practice that immigration judges could manage their dockets — which have been extraordinarily and increasingly backlogged — by choosing to indefinitely close deportation cases. However, in 2018, Attorney General Jeff Sessions signed his order and opinion in the Castro-Tum case that immigration judges did not have such authority. But, with last week’s ruling, the 3rd Circuit joined the 4th and 7th Circuits in rejecting Sessions’ controversial determination.