to Postpone Deportation Case

Immigration Judges’ Power 

On July 15th, 2021, in the matter of Cruz-Valdez (Respondent), Attorney General Merrick Garland overruled the decision in the matter of Castro-Tum in its entirety, given by Attorney General Jeff Sessions in 2018.


In 2018, Attorney General Jeff Sessions concluded that the administrative closure (which is a tool used by the immigration judges to manage their busy dockets by temporarily pausing removal proceedings. 

The US Department of Justice issued a final rule in December that codifies Castro-Tum by expressly prohibiting administrative closure and aimed at resolving the conflict between the court of appeals. 

Events After Session’s Ruling

Respondent, a Mexican citizen, sought before the immigration court to have his case administratively closed while he filed an application with USCIS for a Provisional Unlawful Presence Waiver. 

Facts of the Present Deportation Cases

In this case, Attorney General Merrick Garland has overruled Attorney General Jeff Session’s opinion in Castro-Tum.  

What Was Overruled in Cruz-valdez Ruling?

The Castro-Tum ruling departed from long-standing practice; Attorney General Merrick Garland deemed it appropriate to overrule that ruling in its entirety and reinstate the power of administrative closure to immigration judges and the board.