Decision date: 2021-10-20

Abrogating Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018) to hold that IJs and the BIA possess the inherent authority to terminate removal proceedings and remanding for agency to determine in the first instance whether termination of Petitioner's case was appropriate and necessary. The Court further remanded for the agency to determine whether administrative closure was appropriate in light of Petitioner's DACA status. It upheld the denial of a continuance based on Petitioner's speculative eligibility for non-LPR cancellation and the denial of Petitioner's motion to remand on the basis that he failed to attach evidence of prima facie relief eligibility.

Publication Status: Published

Case judge: Floyd, Harris, Thacker

Decision: Chavez Gonzalez v. Garland, No. 20-1924, 2021 WL (4th Cir. Oct. 20, 2021)