Thursday, September 20, 2018

The Beat Goes On: Attorney General Reviews More BIA Rulings


Under fire from the President, Attorney General Jeff Sessions has once again exercised his authority to review a BIA decision.  So far, he has been more active than any Attorney General in recent memory in reviewing BIA rulings.  In Matter of S-O-G- & F-D-B-, the Attorney General concluded that

(1) Consistent with Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings.
(2) Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. § 1240.12(c).
(3) An immigration judge’s general authority to “take any other action consistent with applicable law and regulations as may be appropriate,” 8 C.F.R. § 1240.1(a)(1)(iv), does not provide any additional authority to terminate or dismiss removal proceedings beyond those authorities expressly set out in the relevant regulations.
(4) To avoid confusion, immigration judges and the Board should recognize and maintain the distinction between a dismissal under 8 C.F.R. § 1239.2(c) and a termination under 8 C.F.R. § 1239.2(f).

In another matter issued yesterday, Matter of M-G-G-, the Attorney General "referred the decision of the Board of Immigration Appeals to himself for review of issues relating to the authority to hold bond hearings for certain aliens screened for expedited removal proceedings, ordering that the case be stayed during the pendency of his review." 

Tal Kopan on CNN reports on the AG's latest immigration actions.


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