Saturday, December 7th, 2019

IJ Grants Admin. Closure Under Avetisyan


"Weighing the factors set forth in Matter of Avetisyan, the Court finds that administrative closure is warranted.  The Board has already sustained the Court's finding that the respondent is not subject to the persecutor bar and that for purposes of voluntary departure he is worthy of the favorable exercise of discretion.  Moreover, the government has granted him TPS through September 13,2013, so that his departure whether through voluntary departure or removal cannot be enforced.  It would therefore seem unfair to impose upon him a Hobson's choice (i.e. to either leave under a voluntarydeparture order despite not being obligated to do so under the terms and conditions of his TPS grant or to incur a removal order).  In addition, once proceedings are re-calendared, the respondent's case will be concluded by either a voluntary departure order (since the denial of his asylum and cancellation of removal applications