The Sixth Circuit has upheld the decision in Matter of Castro Tum, and determined that Immigration Judges and the Board of Immigration Appeals do not have a general authority to administratively close proceedings. The opinion, which creates a circuit split with the Fourth and Seventh Circuits, drew a strong dissent. It also included a wild footnote in the majority opinion about proper jurisdiction over an adjustment of status application filed by an applicant with a final removal order. It seems to suggest that jurisdiction over that application would reside with U.S. Citizenship and Immigration Services. Needless to say, this is inconsistent with how the immigration system actually works.

The full text of Hernandez-Serrano v. Barr can be found here:

https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0367p-06.pdf

Comment