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DOJ will also codify recent changes to immigration law by expressly forbidding immigration judges from administratively closing cases, a procedure used to postpone hearings while other matters are pending, absent specific regulatory authority.
In its proposed rulemaking, the department said the administrative closure process "lengthens and delays proceedings" and "exacerbated both the extent of the existing backlog of immigration court cases."
However, Syracuse University's Transactional Records Access Clearinghouse analyzed administrative closure data going back to 1986 and found that "far from contributing to the backlog, administrative closure has helped reduce the backlog."
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