Have you tried “closing” your case with the immigration court, only to have it denied? Continue reading this blog post to figure out what “closing a case” really means, and why you have not been successful.
Below is a clear, straightforward explanation of each outcome and what it means for your status, your work permit, and your next steps.
Termination
Termination closes the case because the law requires it. The judge can only terminate when there is a legal reason to do so, such as a defective Notice to Appear, a jurisdictional problem, a regulatory violation, or another clear legal bar. In some situations, termination is also available when someone is eligible for naturalization or when DHS itself moves to end the case under certain regulations.
Once a case is terminated, it is truly over. Any applications you filed with the court are no longer pending. If the termination is “with prejudice,” DHS cannot refile the same charges. If it is “without prejudice,” DHS can start a new case if they choose. But either way, the original proceedings are done.
In the past, cases were terminated because the respondent had obtained Legal Permanent Residency, or perhaps Temporary Protected Status.
Dismissal
Dismissal looks similar to termination on the surface, but it works very differently. Cases can be dismissed by the Department of Homeland Security (“DHS”) when the prosecutor decides to use prosecutorial discretion or when circumstances have changed enough that the government no longer wants to pursue the case.
When a case is dismissed, everything pending in court disappears. Asylum applications stop being active. Work permits that depended on a pending court application end immediately on the date of the dismissal. You return to whatever immigration status you had before the case started. Dismissal is always without prejudice, meaning DHS can bring the same charges again later if it chooses.
In other words, dismissal clears the case off the court’s docket, but it also removes all the protections and benefits that came from having a pending application.
In the past, cases have been dismissed when someone has obtained Temporary Protected Status or had another benefit pending with another agency – like a family petition with United States Citizenship and Immigration Services (“USCIS”). This is not very common anymore, under the Trump Administration.
Administrative Closure
Administrative closure is different from both termination and dismissal because it doesn’t end the case at all. It simply takes the case off the judge’s schedule. The case remains pending, with no future hearings, and either party or the judge can reopen it at any time. This is the most common form of “closing” your case!
The major benefit of administrative closure is that your underlying application remains pending. That usually means you can keep renewing your work permit. It also means the court still has jurisdiction, which can be helpful or limiting depending on your situation. If you want to pursue a benefit with USCIS, you may need to get the case formally closed first. And because the case technically remains active, you cannot leave the country without triggering self-deportation.
Administrative closure is best thought of as a long pause. Nothing moves forward, but nothing is taken away.
This is the most common form of “closing your case.” If you have another benefit pending with USCIS, like a family petition from your spouse or parent, this could work for you! The benefit here is you can continue to wait for a decision from USCIS without the threat of deporation.
Why These Distinctions Matter
Even though these three outcomes all remove your case from the active court calendar, they affect your rights in completely different ways. Termination and dismissal end the case but for different reasons and with different long-term effects. Administrative closure keeps your case alive in the background and may preserve your work authorization, but it can create delays if you need USCIS to take action.
If your case has stalled or a judge still hasn’t approved the closure you expected, get clarity now rather than waiting.
Contact Willberg Law
If the court hasn’t acted on a request to close your case or you’re unsure why your proceedings are still pending, contact us and we’ll review it with you.
Phone: 786-966-7800
We’ll help you understand exactly where your case stands and what needs to happen next.