[Blog]

For those who are eligible for some form of relief that leads to work authorization (such as cancellation of removal), we can apply for employment authorization before the case is administratively closed, which could possibly lead to continued employment authorization indefinitely. US CIS has not stated whether they will consider such applications to be pending during administratively closure, though given their recent reticence to issue EADs in other circumstances, it seems unlikely they will be so liberal with their EADs.

The Immigration Courts can also close cases administratively, even over the objection of ICE, where they feel it appropriate. The factors they will consider are: the reasons why administrative closure is being sought, the reasons why such request is being opposed, the likelihood of success on the merits of any applications outside of removal proceedings (such as U visas, adjustment of status for arriving aliens, etc.), how long you expect the closure to last, whether either party is responsible for causing delays in the case, and what the ultimate outcome of the case will be once recalendared. This is a vast departure from the prior caselaw, which held that administrative closure was only possible where both sides agreed. Now, with this decision, we can seek administrative closure from both ICE and the Court if need be.

We have been successful in getting cases administratively closed, and are continuing to prepare cases for review. Because it has not yet been a sufficient length of time, we do not know, and it is not known nationally yet, whether work authorizations will be extended for those with applications filed prior to administrative closure.