Administrative Closure in Immigration Court: How Detention Blocks the Pause Button
By Michael D. Baker | Updated June 7, 2025
Key Takeaway: The Board of Immigration Appeals’ (BIA) 2025 decision in Matter of B-N-K-, 29 I&N Dec. 96 (BIA 2025) confirms that detained immigrants face near-zero chance of pausing deportation cases through administrative closure—even with pending Temporary Protected Status (TPS) applications. This ruling reshapes strategies for families and attorneys.
- Official Decision: Matter of B-N-K-, 29 I&N Dec. 96 (BIA 2025)
- Primary Rule: Judges must prioritize resolving cases on their merits over delays.
- Detention Impact: Custody status is a “critical factor” against closure (8 CFR § 1003.1(l)(3)(i)(H)).
- TPS Reality Check: TPS applications are collateral benefits and do not justify pauses in removal proceedings.
Legal Backbone: Precedents & Regulations
Key Precedents
- Matter of AVETISYAN, 25 I&N Dec. 688 (BIA 2012) (BIA 2012): Allowed closure without DHS consent but later narrowed by regulations. Read more
- Matter of SOSA VENTURA, 25 I&N Dec. 391 (BIA 2010) (BIA 2010): Confirmed TPS doesn’t eliminate removability but provides temporary protection.
2024 Regulatory Factors
- Reason for closure
- Basis for opposition
- Detention status (critical weight)
- Likelihood of success on collateral relief (e.g., TPS)
- Anticipated closure duration
DOJ/EOIR Memo (Cancellation of DM 22-03, April 18, 2025): View here
Federal Register publication of the 2024 Final Rule: View here
How the Law Applied to B-N-K-’s Facts
- Uncertain Timelines: TPS processing delays risked indefinite pause.
- Merits Readiness: Her asylum claim was fully briefed and ready for decision.
- Detention Burden: Prolonged custody would strain DHS resources.
- TPS Limitations: TPS is a collateral benefit—it temporarily stops deportation but doesn’t resolve removability.
Temporary Protected Status (TPS) in Immigration Court
- Can Be Granted During Proceedings: TPS applications are processed by USCIS independently, even if removal proceedings are ongoing.
- No Impact on Removability: TPS approval doesn’t erase the underlying deportation charges. Judges can still issue removal orders.
- Temporary Protection: If granted, TPS halts deportation execution during the designated period but doesn’t pause court proceedings.
Detained vs. Non-Detained Outcomes
| Scenario | Closure Likelihood |
|---|---|
| Detained with pending TPS | <10% (per Avetisyan) |
| Non-detained with USCIS-approved TPS | ~40% if DHS agrees |
Practice Takeaways for Lawyers
- Detained Clients: Abandon closure requests. Focus on bond or expedited hearings.
- Non-Detained: Use closure strategically for clients awaiting guaranteed relief (e.g., approved I-130 with current priority date).
- TPS Strategy: File TPS early, but pair it with other relief (e.g., asylum). Never rely on TPS alone for closure.
