In recent weeks, the Office of the Principal Legal Advisor (OPLA), which represents the Department of Homeland Security (DHS) in immigration court, has begun filing motions to recalendar cases that were previously administratively closed by the Executive Office for Immigration Review (EOIR). Reports indicate that OPLA may be planning to file motions to recalendar in most, if not all, administratively closed cases within the next several months.
What Does It Mean to Recalendar a Case?
When a case is administratively closed, it is removed from the court’s active docket, essentially placing it on pause. This means that the noncitizen still has a case in immigration court, but there are no future hearings scheduled. Some noncitizens have had their cases administratively closed for years, sometimes more than a decade.
Now OPLA is moving to recalendar these cases. OPLA does this by filing a Motion to Recalendar with the immigration court, which simply means they ask the immigration judge to put the case back on the court’s active docket. When this happens, the case is placed back on the immigration court calendar, a new hearing date is set, and the case moves towards some resolution.
What Are Your Options?
When OPLA files a motion to recalendar, they must serve a copy of this motion on the noncitizen or their attorney, if the noncitizen is represented by an attorney. If you receive a notice that your case is being recalendared, it is important to act quickly. Here are several options you may have:
- File an Opposition to the Motion to Recalendar
After OPLA files the motion to recalendar, the noncitizen should have ten days to file an opposition, if they choose, before the immigration judge issues a decision on the motion to recalendar. Filing an opposition does not guarantee that your case will remain administratively closed, but you can present arguments that you think the immigration judge should consider in deciding whether to recalendar the case.
- Explore Other Forms of Relief or Status
You may now qualify for immigration benefits that weren’t previously available when your case was first administratively closed. Explore these options now to see if there are new options.
- Prepare Removal Defense Strategy
If the case is placed back on the calendar, it’s critical to start preparing your defense—whether it’s asylum, cancellation of removal, or another form of relief, or decide how you would like to proceed.
What Should You Do Next?
First, make sure that your address is up to date with the court. The court and OPLA will send any notice by mail to the address on file with the court. If you haven’t updated your address with the court, do so immediately. Second, consult with an immigration attorney now to explore your options. Third, if OPLA does file a motion to recalendar your case, be prepared to take action immediately, such as filing an opposition to the motion.
If you have questions on administrative closure or how your case might be affected, please reach out! We are here to help you explore all available options and figure out the best way forward!
