Diaz v. Rosen

Board erred in dismissing alien’s appeal of I.J.’s denial of his request for administrative closure of his removal proceeding so as to allow alien to “re-paper” his case and convert his proceeding into cancellation-of-removal proceeding under 8 USC section 1229(b). While Board, in citing to Matter of Castro-Tum, 27 I & N Dec. 271, believed it had only limited ability to close case administratively, Ct. of Appeals, in citing to Morales, 973 F.3d 656, found that Castro-Tum was contrary to law. As such, remand was required so that I.J. and Board can exercise discretion in considering alien’s request under Board’s prior precedents in Matter of Avetisyan, 25 I & N Dec. 688, and Matter of W-Y-U, 27 I & N Dec. 17.