Summary
This Eighth Circuit opinion reviews the Board of Immigration Appeals' denial of a motion for administrative closure in removal proceedings. The petitioner sought closure to pursue a waiver of inadmissibility based on extreme hardship to qualifying relatives, but the immigration judge and BIA found he failed to provide sufficient evidence of such hardship and cited his criminal history and the lengthy adjudication timeline. Applying an abuse of discretion standard, the court affirmed the BIA's decision, concluding that the agency rationally weighed the relevant factors under In re Avetisyan.
Topics
Practice areas
Questions Presented
- Whether the Board abused its discretion in denying the petition for administrative closure.
Holdings
- The Board did not abuse its discretion; the petition for review is denied.
Key quotations
“The Board must weigh the factors from In re Avetisyan to determine whether closure is appropriate, but it need not recite the factors “mechanically when applying them to the facts.””
Factual background
Sanchez-Banos entered the United States unlawfully as a child, obtained DACA protection, which was later revoked after three criminal convictions. Removal proceedings were initiated, and he applied for cancellation of removal and a waiver of inadmissibility, seeking administrative closure to await the waiver decision.
Procedural history
The immigration judge denied Sanchez-Banos's motion for administrative closure. The Board of Immigration Appeals dismissed his administrative appeal, affirming the immigration judge's denial. Sanchez-Banos then filed a petition for review in this circuit.