Published: May 30, 2025
Are you or someone close to you at risk of deportation? Applying for an administrative closure is one viable option that can give you temporary relief while resolving other immigration concerns. Suppose your immigration case is administratively closed. That means it’s put on hold and removed from the court’s active calendar.
No more hearings occur, and no final decisions are made on the case’s merit during administrative closure. Since the immigration court doesn’t actively pursue the case, the immediate concern of deportation is also paused for the time being. This is particularly advantageous if you’re waiting on a work authorization or a family-based visa.
However, administrative closure isn’t a permanent closure. Although an administratively closed case stays on hold indefinitely, it will resume once a party files a motion to calendar and the adjudicator approves it.
In relation to that, reliable reports indicate that the Office of the Principal Legal Advisor (OPLA) will start to file motions to reopen administratively closed cases. Understanding the implications of this action and how to respond appropriately is crucial for immigrants with immigration cases that were paused due to administrative closure.
Overview of OPLA’s Initiative to Reopen Previously Closed Cases
With over 1,700 attorneys and around 300 support personnel, OPLA stands as the Department of Homeland Security’s (DHS) most extensive legal program. It’s authorized by statute to represent DHS in immigration removal proceedings.
According to reports from the American Immigration Lawyers Association (AILA), OPLA plans to initiate motions to place administratively closed cases back on the immigration court’s calendar.
Recalendaring is necessary when both parties file a joint motion or the non-moving party indicates they don’t object. Otherwise, it’s at the adjudicator’s discretion based on evaluating relevant factors.
OPLA must file the aforementioned motions by July 9, 2025. As per the Immigration Court Practice Manual, practitioners must be aware that a 10-day window applies to these motions. Due to this tight timeframe, it can be challenging, particularly for law firms that have relocated or for attorneys of record who are no longer practicing, such as those who have been disbarred, retired, or passed away.
What the Recent Motions Mean for Your Immigration Case
The updated Executive Office for Immigration Review (EOIR) regulations authorize immigration judges to administratively close cases based on a thorough review of relevant factors. As an aftermath, OPLA has less authority to prevent these closures, even though it can still provide input.
Hence, OPLA’s reported motions to recalendar mean that immigration cases previously paused by administrative closure will be reopened. Although this indicates a move for stricter enforcement, reopening a case doesn’t mean immediate deportation. Here’s what you can anticipate once OPLA files a motion to recalendar administratively closed cases:
- Your case will become active, meaning it will be added back to the immigration court calendar.
- The immigration court schedules a new hearing date.
- The case will proceed to some resolution.
Steps You Can Take in Response to OPLA’s Recalendar Motions
Since reopening will reactivate your case on the court’s calendar with hearings scheduled and decisions moving forward, it’s crucial to prepare accordingly when responding to OPLA’s motions. The following are some alternatives you can consider:
- File an opposition within 10 days within 10 days of OPLA filing their motion to recalendar.
- Explore whether you now qualify for alternative forms of immigration relief or lawful status.
- Be ready to attend all scheduled hearings and compile evidence substantiating your eligibility for relief.
- Regularly check your case status to receive updates on any motions filed, hearing dates, or court notices.
- Determine your course of action with a credible Los Angeles immigration lawyer.
Consult Your Case With a Los Angeles Immigration Lawyer
The current push to recalendar administratively closed cases underscores how immigration status can change rapidly, and frequently without warning. It’s imperative to understand that those who proceed without legal counsel may encounter more difficulties.
Thus, consider working with a Los Angeles immigration lawyer to evaluate your immigration case and review eligibility for potential relief. You can protect your rights and pursue a path to lawful status with the assistance of appropriate legal representation and a strategic approach. Consult your immigration case with our reliable team at ALG Lawyers.
FAQs on Reopening Administratively Closed Cases
Who can initiate the reopening of an administratively closed case?
Any party involved in the case, whether the petitioner, respondent, or government agency, can file a motion or request to reopen it. However, the specific rules can differ depending on the jurisdiction or agency involved.
How long will it take for an administratively closed case to be reopened?
It can take anywhere from a few weeks to several months, depending on the agency, type of motion filed, and the specific circumstances. For instance, reopening an administratively closed case in immigration court usually requires filing a motion to recalendar. Responses to these motions are typically due 10 days after the court receives them.
How will you know if your case is reopened through this initiative?
Typically, you’ll receive a notice of motion to recalendar, filed by ICE counsel, with the immigration court. OPLA or the court may also reach out directly to you or your attorney.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)