TPS Application Alone Not Grounds for Administrative Closure, Says BIA
Last week, in Matter of B—N—K—, the Board of Immigration Appeals reaffirmed that the primary factor in deciding whether administrative closure is appropriate is whether there are persuasive reasons for the case to proceed to a merits decision. It clarified that a pending TPS application alone typically does not justify administrative closure. In this case, the BIA granted DHS’s interlocutory appeal, reversed the immigration judge’s decision, reinstated removal proceedings, and remanded the case.
