Supreme Court leaves the administrative closure rule erased. What it means in immigration court
What changed
Administrative closure takes a case off an immigration judge's active calendar without ending it. People often used it while waiting on a family petition, a visa or another decision.
In June 2026, a federal judge in Texas entered an agreed judgment that threw out the 2024 rule allowing closure and barred a similar rule. Baltimore, Columbus, New Haven and Centro Legal de la Raza tried to step in to defend it. On October 27, 2026, in City of Baltimore v. Texas (No. 26A500), the Supreme Court refused to pause the judgment in a brief unsigned order. No dissent was reported.
The Court did not rule that closure is unlawful. The cities' appeal on whether they could defend the rule is still in the Fifth Circuit.
Who is affected
- People in immigration court or before the Board of Immigration Appeals who hoped to ask for closure, including those with pending petitions or criminal appeals.
- People whose cases were closed in the past. Reports based on EOIR figures put these cases at more than 300,000, many closed for years.
The government told the Court that the judgment applies going forward and does not require already-closed cases to be put back on the calendar. But closed cases are not protected: DHS can ask a judge to restart an individual case.
What to do now
- Check your case. Use EOIR's automated case information with your A-number, or call 1-800-898-7180.
- Keep your address current with the court and DHS. A missed hearing notice can lead to a removal order in your absence.
- Talk to a lawyer before a hearing is set, especially if you have a pending I-130, U visa or criminal appeal. Options such as a continuance or dismissal may exist, though they can be harder to get.
- Do not ignore a notice. Read our detention and deportation help guide and see free legal help.
Whether a closed case should be reopened, or another option should be used, depends on your history. A licensed attorney or accredited representative should review it.
Key dates
- 2024: EOIR adopts the rule on administrative closure.
- June 2026: Texas judgment throws out the rule.
- October 9, 2026: Cities and Centro Legal ask the Supreme Court for emergency relief.
- October 27, 2026: Supreme Court denies the request.
What's next
The Fifth Circuit appeal continues. Open questions include whether judges can still close cases without a regulation, which this order did not decide. Fees for motions rose October 1; see our fee guide. We will note changes on our policy tracker.
Official sources
General information, not legal advice. Immigration rules change and every case is different; talk to a qualified immigration attorney about your situation. USVisa.com is not a government website. Spot an error? Tell us.
