ROMERO CARDOSO v. GARLAND (2021)

United States Court of Appeals, Tenth Circuit.2021-09-09No. No. 21-9549

Summary · law.co

Holding. The court remanded the case to the Board of Immigration Appeals for reconsideration of the petitioner's administrative closure request in light of intervening precedent and dismissed the petition for review.

The government sought to remand the case to the Board of Immigration Appeals for reconsideration of the petitioner's request for administrative closure in light of a recent appellate decision. The court granted the remand, finding that the new precedent warranted further review by the BIA. The parties agreed that the petitioner would not face removal during the pendency of the remanded proceedings. The court dismissed the petition for review as the remand mooted the briefing schedule stay request.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Administrative closure authority following intervening appellate precedent
Proper procedure for remand when new legal authority emerges
Stay of removal proceedings during administrative remand

Procedural posture

The petitioner filed a petition for review in this court, and the government moved to remand the matter to the BIA based on a recently decided case.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

ORDER AND JUDGMENT *

This matter is before the court on the Governments Unopposed Motion to Remand to the Board of Immigration Appeals and to Stay the Briefing Schedule, by which it requests that: (1) this court remand to the Board of Immigration Appeals (“BIA”) for further consideration of Petitioners request for administrative closure, in light of the intervening decision of Matter of Cruz-Valdez, 28 I. & N. Dec. 326 (A.G. 2021); and (2) the briefing schedule in this petition for review be stayed pending the disposition of the motion.

Upon consideration, the motion is granted in part. This matter is remanded to the BIA for further consideration of Petitioners request for administrative closure, in light of the intervening decision of Matter of Cruz-Valdez, 28 I. & N. Dec. 326 (A.G. 2021). Pursuant to agreement of the parties, Petitioner shall not be subject to removal pending completion of proceedings on remand.

The motion is denied in remaining part as moot, to the extent that the Government seeks to stay the briefing schedule in this petition for review pending the disposition of this motion.

This petition for review is dismissed. Each party shall bear its own attorney fees, costs, and expenses.

The mandate shall issue forthwith.

Per Curiam