I hold that immigration judges and the Board do not have the general authority to suspend indefinitely immigration proceedings by administrative closure. Accordingly, immigration judges and the Board may only administratively close a case where a previous regulation or a previous judicially approved settlement expressly authorizes such an action.
Where a case has been administratively closed without such authority, the immigration judge or the Board, as appropriate, shall recalendar the case on the motion of either party.
As reported by the New York Times here, the order “is unlikely to reopen all the cases” that are currently administratively closed, but it “injects fresh uncertainty in the lives of undocumented immigrants living in the United States.”
The Sentinel is strongly opposed to illegal immigration into our great nation. That opposition does not, however, limit concern for unnecessary restrictions being placed on our Administrative Law Judges, who work daily in the trenches, carefully reviewing each case before making individualized decisions regarding the particular merits of each case.
AG Sessions’ action takes authority away from the experienced men and women in our ALJ corp and places it in an absolutionism of regulation without the standards of public notice, review and consideration and review that Federal Regulations are required by law to have.
Actions such as this, promulgation of regulation by fiat, lead to despotism, which the Sentinel, though a Republican owned publication, stands firmly against, administratively mandated “zero tolerance policies” which strip officials of their congressionally granted discretion offend the American citizen’s duly constituted and ratified liberty based governmental model and should not br allowed to stand.