ROMERO CARDOSO v. GARLAND (2021)

ORDER AND JUDGMENT *

This matter is before the court on the Government's Unopposed Motion to Remand to the Board of Immigration Appeals and to Stay the Briefing Schedule, by which it requests that: (1) this court remand to the Board of Immigration Appeals (“BIA”) for further consideration of Petitioner's request for administrative closure, in light of the intervening decision of Matter of Cruz-Valdez, 28 I. & N. Dec. 326 (A.G. 2021); and (2) the briefing schedule in this petition for review be stayed pending the disposition of the motion.

Upon consideration, the motion is granted in part. This matter is remanded to the BIA for further consideration of Petitioner's request for administrative closure, in light of the intervening decision of Matter of Cruz-Valdez, 28 I. & N. Dec. 326 (A.G. 2021). Pursuant to agreement of the parties, Petitioner shall not be subject to removal pending completion of proceedings on remand.

The motion is denied in remaining part as moot, to the extent that the Government seeks to stay the briefing schedule in this petition for review pending the disposition of this motion.

This petition for review is dismissed. Each party shall bear its own attorney fees, costs, and expenses.

The mandate shall issue forthwith.

Per Curiam