A motion for administrative closure in immigration court is a written request asking the immigration judge to take your removal case off the active docket while something else, usually a pending petition with USCIS, plays out. The case does not end. No one is deported, no status is granted, and either side can later ask the judge to put the case back on the calendar. Closure simply pauses the proceedings.
Immigration judges have clear authority to grant these motions. A Department of Justice rule that took effect July 29, 2024, formally codified that authority, and it remains binding.1Department of Justice. EOIR Policy Memorandum – Efficient Case and Docket Management The standard judges apply comes from a 2012 Board of Immigration Appeals decision, Matter of Avetisyan, restored in 2021 by Matter of Cruz-Valdez.2Department of Justice. Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021)
What Administrative Closure Actually Does
Once a judge grants the motion, every scheduled hearing is canceled and the case is pulled from the active docket. No merits hearing takes place. No removal order is entered. You keep whatever status, or lack of status, you had before. Closure is a pause, nothing more, and the case can be brought back at any time by a motion to re-calendar from either side.
When Judges Grant These Motions
The strongest cases involve a pending application with USCIS that could resolve the removal proceedings if approved. Common examples include:
- A pending Form I-130 filed by a U.S. citizen or permanent resident spouse or parent3U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative
- A pending U visa petition for crime victims cooperating with law enforcement
- A VAWA self-petition by a victim of domestic violence by a U.S. citizen or permanent resident spouse or parent
- An I-601A provisional unlawful presence waiver, which in some cases requires the removal proceedings to be administratively closed before USCIS will adjudicate it
Closure can also be appropriate when pending legislation or a related federal court case could change the legal landscape for your claims.
The Standard the Judge Will Apply
Under Matter of Avetisyan, the judge weighs six factors:4Department of Justice. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012)
- The reason you are asking for closure
- The basis for any opposition from the other side
- The likelihood you will succeed on the underlying petition or application
- How long the closure is expected to last
- Whether either party is responsible for the delay
- What the ultimate outcome is likely to be when the case comes back
The likelihood-of-success factor is where most motions are won or lost. A judge who reads your motion and sees a strong I-130 with a bona fide marriage and no red flags will grant closure much more readily than one who sees a shaky filing with unclear eligibility.
What to Put in the Motion
The motion is a formal written filing submitted to the immigration court where your case is pending. It needs your full name, your Alien Registration Number, a clear request for administrative closure, and a legal argument running through the Avetisyan factors as they apply to your situation.
Evidence is what carries the motion. If you are asking for closure based on a pending USCIS application, attach the receipt notice (Form I-797C, Notice of Action) proving the application is on file and pending.5U.S. Citizenship and Immigration Services. Form I-797 Types and Functions Attach whatever else shows the underlying case is likely to succeed: a marriage certificate and joint financial documents for an I-130, a law enforcement certification for a U visa, proof of the qualifying abuse relationship for VAWA.
If DHS agrees to closure, a joint motion signed by both your attorney and the DHS trial attorney is the strongest filing a judge can see and is almost always granted. If DHS will not sign on, include any written correspondence showing where DHS stands, even if that position is opposition. Judges want to see both parties’ views before ruling.
Filing and Service
File the motion with the immigration court handling your case, following that court’s local procedures. Some courts accept electronic filing; others require paper copies. Check the operating procedures for your specific court before filing.
At the same time you file, serve a complete copy on the DHS Office of the Principal Legal Advisor office handling the case, and include proof of service with the court filing. Many judges rule on the written submissions alone without holding a hearing. If the motion is granted, the court issues a written order closing the case and canceling any upcoming hearings.
If DHS Opposes the Motion
You do not need DHS’s agreement to win. A judge can grant closure over DHS’s objection after weighing the Avetisyan factors. The 2017 BIA decision Matter of W-Y-U- sharpened this point: when one party objects, the central question is whether the objecting party has offered a persuasive reason for the case to proceed to a merits decision now. If DHS opposes but cannot articulate why the case has to move forward, the judge has strong grounds to close it anyway.
Opposition still makes the motion harder. If DHS argues your underlying application is weak or that closure would just delay an inevitable removal order, you need evidence that says otherwise. Do not treat DHS opposition as fatal, but do treat it as the point where the strength of your evidence matters most.
If You Are Detained
Getting administrative closure while in immigration detention is significantly harder. In Matter of B-N-K-, decided in 2025, the BIA held that a respondent’s custody status weighs against closure, because judges are expected to prioritize resolving detained cases on the merits.6Department of Justice. Matter of B-N-K-, 29 I&N Dec. 96 (BIA 2025) Closure is not impossible for detained respondents, but the argument has to be unusually strong.
After Closure: Obligations and the EAD Clock
A closed case is not a closed file. You must keep the court updated on any change of address. If your case is later re-calendared and a hearing notice goes to an old address, you can be ordered removed in absentia without ever knowing the hearing happened. If ICE released you on an order of supervision, continue following its requirements, including any check-in schedule.
Closure does not by itself grant or extend work authorization. Whether you can work during the pause depends on your underlying category.
Asylum applicants face a specific trap. USCIS has said that filing a motion that delays proceedings can stop the 180-day asylum EAD clock, meaning the days you spend administratively closed may not count toward the 180 days required before an asylum-based EAD can be approved.7U.S. Citizenship and Immigration Services. The 180-Day Asylum EAD Clock Notice If you are an asylum applicant who has not yet reached 180 days, talk this trade-off through with your attorney before you file.
When the Case Comes Back: Re-Calendaring
Either party can move to re-calendar an administratively closed case at any time. There is no statute of limitations. DHS commonly files when the underlying application is denied, for example, when USCIS denies the I-130 that prompted the closure in the first place. A significant change in your circumstances or eligibility can also prompt a re-calendaring motion from either side.
Starting in mid-2025, DHS began filing motions to re-calendar thousands of administratively closed cases across the country, including some that had been dormant for years. If your case is closed, assume DHS may try to reactivate it regardless of how long it has been paused. When you receive notice of a re-calendaring motion, respond fast. You can oppose it in writing, citing ongoing applications or changed circumstances that support keeping the case closed, and the judge still has to weigh the relevant factors before granting the motion. The window to respond is short, and if the judge grants re-calendaring, your next hearing can be scheduled within weeks.