ROMERO CARDOSO v. GARLAND (2021)

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

Summary · law.co

Holding. The petition for review is dismissed, and the matter is remanded to the BIA for further consideration of the petitioner's administrative closure request in light of intervening precedent.

The government requested that the court remand the case to the Board of Immigration Appeals for reconsideration of the petitioner's administrative closure request in light of a recent precedential decision, and asked the court to pause the briefing schedule. The court granted the remand portion of the motion, finding that the intervening decision warranted renewed consideration by the BIA. The court also noted that the petitioner would not face removal while proceedings continued on remand, and that the parties agreed to this arrangement.

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

Key issues

Whether administrative closure was appropriate under controlling precedent
Effect of intervening appellate authority on pending immigration proceedings
Scope of remand authority in petition for review proceedings

Procedural posture

The petitioner sought review of a BIA decision regarding administrative closure, and the government moved to remand the case for reconsideration in light of new controlling precedent.

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