The Sixth Circuit has determined that administrative closure is available in removal proceedings to non-citizens eligible for provisional waivers of unlawful presence. Although the court had previously deferred to the Attorney General’s decision in Matter of Castro Tum, it limited its prior holding as inapplicable to provisional waiver applicants. “Administrative closure is ‘appropriate and necessary’ in this circumstance for the disposition of Garcia’s immigration case. Absent administrative closure, Garcia and other noncitizens in removal proceedings who are seeking permanent residency would be unable to apply for a provisional unlawful presence waiver despite the authorizing regulation.”
The full text of Garcia-Deleon v. Garland can be found here:
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0127p-06.pdf