Background
Petitioner Jose Arturo Salazar-Casillas, a native and citizen of Mexico, sought review of a Board of Immigration Appeals order. The Board had dismissed his appeal from an Immigration Judge’s order pretermitting his application for cancellation of removal. The Board also denied his request for administrative closure.
The court’s reasoning
The court held that Salazar waived his challenge to the pretermission of his cancellation application because he did not include it in his brief before the Board, even though he raised it in his notice of appeal. Regarding administrative closure, the court found the Board properly considered the totality of circumstances, including the reason for the request and the lack of evidence of pending relief. The Board’s discussion was sufficient to demonstrate it considered the arguments and did not abuse its discretion.
What it means going forward
The decision reinforces that arguments must be fully briefed to the Board to avoid waiver and clarifies the factors the Board must weigh when denying administrative closure.