Matter of Castro-Tum

27 I&N Dec. 271 (2018)

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Matter of Castro-Tum

United States Department of Justice, Office of the Attorney General
27 I&N Dec. 271 (2018)

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Facts

Reynaldo Castro-Tum (defendant), a citizen of Guatemala, entered the United States at age 17. He was apprehended at the border, and the Department of Homeland Security (DHS) determined him to be an unaccompanied alien child. Castro-Tum was released to his brother-in-law, who agreed to be his sponsor, and Castro-Tum provided DHS with his brother-in-law’s address. DHS started removal proceedings and attempted to serve notice-of-hearing papers on Castro-Tum at the address he provided. Although none of the notices were returned as undeliverable, Castro-Tum did not appear at his scheduled hearing. The immigration judge (IJ) assigned to Castro-Tum’s case scheduled four hearings, and Castro-Tum failed to appear at all of them. The IJ declined to proceed without Castro-Tum and asked DHS to investigate the accuracy of the address on file for Castro-Tum. DHS did so and served another notice. After Castro-Tum failed to appear at a fifth and final hearing, the IJ ordered the administrative closure of the case and of 10 other cases for which individual respondents like Castro-Tum had failed to appear. Jeffrey Sessions, the United States attorney general, issued an opinion on the practice of issuing administrative closures.

Rule of Law

Issue

Holding and Reasoning (Sessions, Attorney General)

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