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IMMIGRATION MAY 20, 2022 | The Indian Eye 45

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so advocates must be vigilant in en- Despite its beneficial aspect, the memo or reaching an agreement US, giving them little choice but to
suring that they inform clients and methods for exercising prosecutori- with the government. The pros and work without authorization, not pay
submit a timely response. Advocates al discretion suggested in the Doyle cons of seeking relief under pros- taxes, and potentially violate the law
should ensure that clients have an memo could place noncitizens in ecutorial discretion over seeking in other ways. Immigration attorneys
avenue for relief before joining a uncertain situations and raise ethi- relief under the INA must be care- must carefully analyze these issues
motion to dismiss, and should inform cal dilemmas for their immigration fully considered and discussed with and advocate for their clients when
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clients about what a dismissal would lawyers. The attorney must be com- the client. Because OPLA does not a dismissal or administrative closure
mean for their case and any negative petent, diligent and must commu- include language in motions that may do more harm than good.
consequences. nicate with the client to ensure that would preserve a noncitizen’s abil-
The Doyle memo states that the client is not worse off than in ity to work, dismissal of the case (This blog is for informational pur-
OPLA attorneys may agree to ad- pending removal proceedings. Most often means that a noncitizen will poses and should not be viewed as a
ministrative closure when the noncit- important, the attorney must obtain lose work authorization with little substitute for legal advice).
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izen does not oppose and the specific the client’s informed consent before warning. Dismissal of a case may *Kaitlyn Box graduated with a JD from
facts of the case warrant adminis- responding to any initiative by the also leave individuals with essential- Penn State Law in 2020, and is an
trative closure over other means of ICE prosecutor under the Doyle ly no authorization to remain in the Associate at Cyrus D. Mehta & Partn
clearing the case from the docket.
In some instances, though, OPLA _________________________________________________________________________________________________________
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can unilaterally seek administrative Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
closure regardless of the wishes of Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
the noncitizen. Immigration attor- mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
neys should inform their clients of Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
the impact that an administrative
closure would have on their case, of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
and vigorously oppose if the clients’ Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
interests would be harmed. It is also Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
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important to recognize that admin- on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
istrative closure is not a permanent Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
termination of removal proceedings, and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
so attorneys must continue to moni-
tor administratively closed cases and immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
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seek more lasting forms of relief for the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
their clients. in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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