Matter of Castro-Tum Amicus Brief

Last Updated

March 15, 2018

Attorney General Sessions requested briefing from amici in the case of Matter of Castro-Tum, 27 I&N Dec. 187 (A.G. 2018).  In response to this request, CLINIC and Matthew Hoppock filed this amicus brief on February 16, 2018. This brief argues that the Attorney General lacks authority to “withdraw” administrative closure through a certified Attorney General decision because: (1) the Department of Justice must engage in “Notice and Comment” to amend its regulations and; (2) withdrawing authority to administratively close cases would violate several binding Settlement Agreements; and (3) if the respondent was not served with notice of these proceedings, the Attorney General lacks authority to order him removed and thus must terminate this proceeding.