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Attorney General2019

Matter of M-S-

27 I&N Dec. 509 (A.G. 2019)

Status: Review current treatment

Summary

If you were in expedited removal proceedings, and then your credible fear determination was positive, so they transferred you to full removal proceedings, the IJ does not have jurisdiction to grant you bond. You're going to stay detained until either your case is concluded, or DHS grants you parole--not bond.

Holding

(1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled.

(2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. Such an alien must be detained until his removal proceedings conclude, unless he is granted parole.

Topics: bond, detention, expedited removal, credible fear, parole

Related terms: bond, credible fear, parole, detention

Cited authorities

Matter of X-K-, 23 I&N Dec. 731 (BIA 2005)

Notes

This might have been overturned--also, might not be applicable in all districts.

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