New DOJ Rule Restores Immigration Judges’ Power to Terminate Removal Proceedings

On May 29, 2024, the Department of Justice (DOJ) published a new rule titled Efficient Case and Docket Management in Immigration Proceedings. This rule, which took effect on July 29, 2024, is an important development in immigration law because it restores the authority of immigration judges (IJs) and the Board of Immigration Appeals (BIA) to terminate removal proceedings.

What Changed?

For several years, immigration judges and the BIA had limited ability to terminate removal cases, even when it made sense to do so. Their discretion was restricted by prior policies that forced many individuals to remain in proceedings unnecessarily, even when they had a valid pathway to legal status outside of court.

The new DOJ rule formally reinstates those powers, once again giving immigration judges and the BIA the ability to close or terminate proceedings when appropriate. This change helps ensure that court resources are used more efficiently and that individuals are not trapped in removal proceedings when they may be eligible for relief elsewhere.

Why This Matters

For immigrants in removal proceedings, this rule could make a significant difference. Termination may be possible in situations such as:

• When a person has an approved family-based or employment-based petition and is eligible to adjust status with U.S. Citizenship and Immigration Services (USCIS).

• When other immigration relief is available outside the court system.

• When keeping the case in court would be an inefficient use of judicial resources.

By restoring this authority, the DOJ has reopened an important avenue of relief that had been unavailable for years.

A Strategy When Prosecutorial Discretion Is Not Available

In recent years, prosecutorial discretion (PD) has become harder to obtain, leaving many individuals without the option of having their cases closed or dismissed through government agreement. This new rule offers attorneys a powerful alternative: requesting termination directly from the immigration judge or the BIA.

While termination does not grant lawful status on its own, it removes the immediate threat of deportation and allows a person to pursue immigration benefits outside of court. In this way, termination has become an important tool for attorneys to consider when PD is no longer a viable option.

Conclusion

The Efficient Case and Docket Management in Immigration Proceedings rule is a welcome step toward fairness and efficiency in the immigration court system. By restoring judges’ ability to terminate proceedings, it ensures that cases can be resolved in a way that makes sense both legally and practically.

If you or a loved one are currently in removal proceedings, this new rule may provide an important opportunity. At Omole Law Firm, we are committed to exploring every available legal strategy — including termination requests — to protect our clients’ rights and help them build more secure futures.