8th Circ. Tells BIA To Decide If Removal Case Can Be Paused

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Law360, New York (October 14, 2016, 8:19 PM EDT) — The Eighth Circuit on Friday affirmed a Board of Immigration Appeals ruling upholding an immigration judge’s decision denying a Mexican national’s request to administratively close his immigration proceedings, but remanded the case to the BIA to rule on whether it can exercise its own authority to grant administrative closure.

After first determining that the BIA has jurisdiction to review denials of motions for administrative closure, the three-judge panel said it found no abuse of discretion with the immigration judge’s reasoning, which was adopted by the BIA….

Source: Law360