The Difference Between Administrative Closure and Termination of the Notice to Appear (NTA)

Administrative closure is simply a procedural convenience that can be used to temporarily remove a case from the immigration court’s calendar. Under the Morton Memo and the August 18th announcement, ICE attorneys and officers who have the authority to exercise prosecutorial discretion may do so now more frequently in certain cases. As such, cases that are deemed low priority now have a better chance of being administratively closed.  Under the law, a case can only be administratively closed if both parties agree to the closure. Note that a person whose case has been administratively closed remains in removal proceedings, and his or her case can be placed back on the court’s calendar in the future.

Termination, on the other hand, means that the respondent is no longer in removal proceedings. Upon termination, the person reverts to the same immigration status he or she had before commencement of removal proceedings. If the government tries to place that person back into removal proceedings after a case is terminated, it has to file a new Notice to Appear.