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5 [Petitioner’s] application [for cancellation of removal] in the absence of . Before January 31, 2012, Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), immigration court cases could only be administratively closed if there was no opposition to the closure. . In that case, the respondent had sought administrative closure pending the adjudication of a visa petition that had been filed on her behalf, following 11 continuances of her case. Matter Avetisyan, 25 l&N Dec. 688,695 (BIA 2012). Today, the BIA published a decision in Matter of Avetisyan that fundamentally changes the power dynamic regarding requests to close a case. Matter of Avetisyan, 25 I. . The BIA returned to this question in its 2012 decision in Matter of Avetisyan. The decision overrules Matter of Avetisyan, Matter of W-Y-U-, and any other BIA precedent, “to the extent those decisions are inconsistent with” the Attorney General’s opinion.17 Under the Attorney General’s decision, many categories of noncitizens that previously were In Matter of Avetisyan, the BIA provided an example of when administrative closure would “be appropriate”: when the respondent “demonstrates that he or she is the beneficiary of an approved visa petition filed by a lawful permanent resident spouse who is actively pursuing, but has not yet completed, an application for naturalization.”9 & N. Dec. 688, 692 (BIA 2012). If the individual respondent requested administrative closure, then both the immigration court judge and the government attorney had to approve the decision. 2 . 2 Initials are used throughout this decision to protect the identities of individuals. & N. Dec. at 691. "Avetisyan" refers to the BIA's decision in Matter of Avetisyan, in which the BIA held that IJs can administratively close cases over the objections of the parties (reversing prior precedent). Matter of Avetisyan set a precedent and provided a list of factors that an immigration judge or the Board should weigh before using administrative closure. 10 For example, administrative closure was frequently granted to allow USCIS to adjudicate a pending petition or application that could lead to relief from removal, including, but not limited at 4. . 9 Id. a qualifying relative at the time of the hearing.” Id. That case involved a nonimmigrant overstayer who had been admitted on a J-1 for 22 days in March 2003. Until today, a person has always needed the agreement of DHS to have their case administratively closed. In Matter of Avetisyan, the BIA cited these two regulations in holding that IJs and the BIA were empowered to “take any action . at 694. Matter of W-Y-U-expanded on Matter of Avetisyan and added a clarified list of factors immigration judges may consider when using administrative closure. Petitioner timely filed a petition for review. 8 Matter of Avetisyan, 25 I&N Dec. at 692. Matter of.J-A-G-A-did not address this arrest in his personal statements and the record does not contain additional information regarding the circumstances surrounding or disposition of it. . The respondent in Matter of Avetisyan had a U.S. citizen husband, who had naturalized during the first half of 2007 (after a January 29 hearing and prior to a June 14 one), and had previously filed an I-130 petition with USCIS to sponsor her for lawful permanent residence as his spouse. Matter of Gutierrez, 21 I&N Dec. 479 (BIA 1996). as is appropriate and necessary for the disposition of [a] case.” 25 I. II 5 [ Petitioner ’ s ] application [ for cancellation of removal ] in absence! 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