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Lee & Garasia, LLC
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  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)" Read More

Closing My Immigration Court Case | Administrative Closure vs. Termination

While immigration court hearings are commonly regarded as relatively informal civil proceedings, nothing could be further from the truth. Removal defense practice and effective lawyering, especially in this climate, can be daunting. Even the terminology can be deceptive. "Administrative closure," for instance, is one term that has caused a lot of confusion and for some, maddening frustration.

Administrative closure is a mechanism by which the Immigration Court removes a case from its active calendar. In other words, the case essentially goes into hibernation and no future court date is not set. Closure can occur in a number of contexts but is most often employed these days to allow the respondent (individual facing court proceedings) to pursue a collateral application; or if one is pending, to allow enough time for the application to be adjudicated. For example, a case may be closed to allow an individual to apply for DACA or TPS. In other cases, the court may close a case to permit someone to apply for adjustment of status. Before the Trump administration put a virtual moratorium on prosecutorial requests, ICE government counsel were more receptive to reviewing cases and if warranted, administratively closing cases that it deemed were not priorities for enforcement.

While administrative closure may be of tremendous utility, it is not necessarily a panacea. It is not technically a form of relief, and more importantly, is not the same as judicial termination of a case. When a case is "terminated," it is concluded and finished. For some, this may be in the form of relief being granted by the court, such as cancellation of removal. For others, this may occur when the government is not able to prove its case and the judge dismisses the charges. The distinction is that termination carries a finality to it while closure is more of a temporary measure.

Some people are surprised to learn that even thought their cases were "closed," they may need to make a motion to the court to recalendar the case so that the judge can ultimately terminate the case. We have seen this, for example, when the court closes a case to allow the respondent to pursue an I-130 petition. Once and if the I-130 is approved, the person may need to restore the case back to the active calendar so that further relief can be pursued, whether that means terminating the case so an adjustment of status can be filed with USCIS, or filing the I-485 with the court, since jurisdiction still vests with the court unless and until proceedings are terminated. Another situation where these concepts are implicated involves the filing of I-601A provisional waiver. If an individual is lucky enough to get the government counsel and judge to agree to administratively close a case so that a provisional waiver can be pursued, he/she will later need to recalendar the case after approval and request that proceedings be terminated before departing the US.

Recently, there has been litigation and controversy over just how much authority a judge has to administratively close a case, especially over the government's objection. Just this year, in fact, Attorney General Sessions ordered that Matter of Castro-Turn be turned over to him for review. At issue is whether the Board of Immigration Appeals and Immigration Judges have legal authority to administrative close cases. Should he eviscerate administrative closure, one can only speculate what type of impact this will have on a notoriously backlogged system. 

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PROFESSIONAL RECOGNITION

    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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