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ImmIGRATION AUGUST 27, 2021 | The Indian Eye 39

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and Decisional Finality 1003.10(b) and 1003.1(d) of Cruz-Valdez appears for the AG’s decision in the BIA. As such, Mat-
in Immigration Proceed- (1)(ii) as unambiguous- to have correctly ascer- Matter of Cruz-Valdez. ter of Cruz-Valdez is an
ings; Administrative Clo- ly precluding a general tained that this decision Simply go to your App Store or Play Store
Though not without important step towards
sure, 85 Fed. Reg. 81588, administrative closure to overturn Castro Tum some limitations, AG President Biden’s goal
81598 (Dec. 16, 2020), authority. The Supreme would not apply in the Garland’s decision to of returning to a fair and
which is currently the Court held in National Sixth Circuit. One solu- withdraw Castro-Tum humane immigration
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subject of a nationwide Cable & Telecommuni- tion to this dilemma is the and reinstate Avetisyan system.
preliminary injunction cations Assn. v. Brand promulgation of a new should be celebrated.
and undergoing recon- X Internet Services, 545 regulation that would This decision will help to (This blog is for information
purposes, and should not be
sideration by the DOJ, as U.S. 967 (2005) that an supersede the Sixth Cir- relieve the immigration relied upon as a substitute
further justification for agency need not acqui- cuit’s unfavorable in- court backlog, and will for legal advice).
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overruling Castro-Tum. esce to a circuit court’s terpretation. Indeed, aid in the adjudication * Kaitlyn Box graduated with
Because Castro-Tum de- interpretation of an am- rulemaking in this area of removal cases that a JD from Penn State Law
parted from longstand- biguous statute. How- is already under consid- require the resolution in 2020, is an Associate at
ing practice regarding ever, even if Brand X eration, and formed one of questions not within Cyrus D. Mehta & Partners
administrative closure, applies to an ambiguous of the principal bases the jurisdiction of IJs or PLLC.
AG Garland held that regulation rather than a _________________________________________________________________________________________________
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IJs and the BIA should statute, it probably can- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
revert to the standards not be harnessed here by Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
for administrative clo- the Attorney General to Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
sure laid out in cases like reinterpret the relevant Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
Avetisyan. regulatory provisions as tion; board member of Volunteers for Legal Services and board member of New York Immigration
Though largely a vic- conferring on IJs and the Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
tory for administrative BIA the authority to ad- Council and former chair of the Committee on Immigration and Nationality Law of the New
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closure, AG Garland’s ministratively close cases York City Bar Association. He is a frequent speaker and writer on various immigration-related
issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
decision will not apply because the Sixth Circuit he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
in the 6th Circuit, which appears to have found Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
has upheld Castro – that those provisions Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
Tum. The Sixth Circuit were not, in fact, am- in the immigration field. He has also received two AILA Presidential Commendations in 2010
on your browser and watch IndiaLife TV 24 Hours
in Hernandez-Serrano biguous. Therefore, the and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
v. Barr viewed 8 CFR §§ AG Garland in Matter Chambers Global 2019 in immigration law, among other rankings.

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