THE BIA SAYS THAT A NOTICE GOING TO THE SPAM FOLDER DOES NOT EXCUSE FAILURE TO COMPLY

Matter of John ARCINIEGAS-PATINO, 28 I&N Dec. 883 (BIA 2025) Where parties were properly served with electronic notice of the briefing schedule, arepresentative’s failure to diligently monitor the inbox, including the spam folder, of theemail address of record does not excuse a party’s failure to comply with briefing deadlines. In the case Matter of John … Read more

Administrative Closure vs Termination vs Dismissal

Immigration removal proceedings may conclude with relief granted by the Immigration Judge or removal ordered. Cases may not reach conclusion for reasons such as eligibility for other immigration benefits or changes in circumstances, leading to prosecutorial discretion or legal motion to end proceedings. Termination, dismissal, and administrative closure are distinct ways to conclude proceedings, each with unique legal implications and consequences for the respondent’s immigration status and potential future proceedings. Administrative closure, unlike termination and dismissal, allows for the possibility of re-opening the case and maintaining employment authorization.