Immigration Officials Have Authority to End Removal Proceedings

Oct. 20, 2021, 6:31 PM

Former Attorney General Jeff Sessions’ decision that immigration judges and the Board of Immigration Appeals don’t have authority to drop removal cases was overturned by the Fourth Circuit on Wednesday.

Sessions’ conclusion was inconsistent with federal regulations that give judges and the BIA the power to take “any” actions consistent with the immigration laws that are “appropriate and necessary for the disposition of such cases,” the opinion by Judge Stephanie D. Thacker said.

Termination of proceedings certainly falls within the definition of any actions, the court said.

The plain language of the regulations unambiguously gives immigration judges and the BIA ...

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