On Thursday, the Attorney General announced that all proceedings before the Immigration Court that were administratively closed can be put back on the Immigration Court’s calendar by either the undocumented immigrant or by the Department of Homeland Security (DHS). This is very significant. If your case was administratively closed DHS can request that your case is restored before the Immigration Judge. Thus, you need to be aware that DHS can send notice of your future court appointment to the attorney who represented you before the Court, whenever that was.
The most likely scenario is those cases that will be restored to the calendar are those that were administratively closed after November 20, 2014, though theoretically, it can be cases that were closed at any time. DHS has not announced if and when they are going to seek to restore administratively closed cases to the court calendar. That said, you will want to speak to an immigration attorney such as myself if you had proceedings administratively closed by the Immigration Court or the Board of Immigration Appeals.
