A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation.
AILA’s Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILA’s principles and priorities.Get Involved
The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping.Order Now
Learn how to tackle challenges like finding and retaining affordable staff, working better in a hybrid or remote environment, when and how to raise fees, and much more.Register Now
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 21071540 | Dated July 15, 2021
WASHINGTON, DC – Today, Attorney General (AG) Merrick Garland vacated the precedent decision in Matter of Castro-Tum, issued by former Attorney General Jeff Sessions. The decision had been weaponized by the Trump administration to strip immigration judges of their authority to administratively close cases, thereby forcing more cases to remain in the backlog and clog the immigration courts. By vacating this decision, the AG has restored a key tool used by immigration judges for decades to manage dockets and increase efficiency.
AILA President-elect Jeremy McKinney applauded the move, “With this decision the Attorney General has restored the ability for immigration judges to manage their cases fairly and efficiently, by giving them back the ability to administratively close cases when that is warranted. So, when someone is put into removal proceedings, but has a pending petition with USCIS based on for instance, being a victim of a serious crime, the immigration judge can administratively close the proceedings while USCIS considers the petition, saving precious docket time for cases that are ready to move forward. This has the potential to shift hundreds of thousands of cases out of the 1.3 million case backlog and bring more efficiency back to the process.”
AILA Executive Director Benjamin Johnson added, “This rational and sensible step is a relief to families and communities across the nation today. We welcome this return to a more effective and efficient immigration court system. A key judicial authority has been restored to immigration judges who are best positioned to manage their dockets. The necessity of this decision only underscores the need for a truly independent immigration court system to protect due process and help ensure justice and fairness under our laws.”
Cite as AILA Doc. No. 21071540.
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.