A Fourth Circuit panel unanimously put aside a 2018 ruling that ended immigration judges’ ability to throw out removal cases. The original ruling was enacted by then Attorney General Jeff Sessions. As a result, the appeal of a removal order issued to a Deferred Action for Childhood Arrivals (DACA) recipient has been revived.

Two federal regulations are cited to support the change. The excerpts of the regulations state that immigration judges and the Board of Immigration (BIA) Appeals “may take any action”, “appropriate and necessary for the disposition” of cases. Based on those federal regulations, the fourth circuit panel removed the 2018 ruling.

In addition, a 2019 case by former Attorney General Jeff Session was used to form the panel’s opinion. The 2019 case, it was found by Sessions, found no expressly stated permission that allows immigration judges the power to administratively close cases. As there was no express statement giving them the authority, Sessions found they had no authority to do so.

In August 2021, Attorney General Merrick Garland overturned Sessions’ 2019 order. The 2018 order has not yet been overturned.

ILBSG continues to monitor ongoing policy updates affecting immigration. If you have questions about your immigration issue, contact us at ILBSG. We put our expertise and experience to work for you.

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