Matter of M-G-G- (agency decision, September 18, 2018)

Plain-English summary

The Attorney General referred a Board of Immigration Appeals decision for review of whether immigration judges may hold bond hearings for certain people who entered removal proceedings after expedited removal screening. The order asked whether earlier BIA precedent should be overruled in light of a Supreme Court decision. It invited briefing from the parties and interested amici, set word limits and deadlines, and stayed the Board's decision while review was pending. The referral order did not decide the bond-hearing question.

Decision snapshot

• Cited authorities: 8 U.S.C. §§ 1225(b)(1) and 1229a; 8 C.F.R. § 1003.1(h)(1)(i)
• Outcome: The decision was referred to the Attorney General for review, briefing was ordered, and the bond-hearing issue was left unresolved in this order.
• Key point: The order framed whether earlier BIA bond-hearing precedent should be overruled after later Supreme Court guidance.

Full text (BIA official public release)

Cite as 27 I&N Dec. 469 (A.G. 2018) Interim Decision #3938

                     Matter of M-G-G-, Respondent
            Decided by Attorney General September 18, 2018

                         U.S. Department of Justice
                        Office of the Attorney General

The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to the authority to hold bond hearings for certain aliens screened for expedited removal proceedings, ordering that the case be stayed during the pendency of his review.

               BEFORE THE ATTORNEY GENERAL
Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of

Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me in my review, I invite the parties to these proceedings and interested amici to submit briefs on points relevant to the disposition of this case, including:

    Whether Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), which held that
  immigration judges may hold bond hearings for certain aliens screened from
  expedited removal proceedings under section 235(b)(1) of the Immigration and
  Nationality Act, 8 U.S.C. § 1225(b)(1), into removal proceedings under section 240,
  8 U.S.C. § 1229a, should be overruled in light of Jennings v. Rodriguez, 138 S. Ct.
  830 (2018).

The parties’ briefs shall not exceed 15,000 words and shall be filed on or

before October 9, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before October 16, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before October 16, 2018. All filings shall be accompanied by proof of service and shall be submitted electronically to [email protected], and in triplicate to:

                    United States Department of Justice
                Office of the Attorney General, Room 5114
                      950 Pennsylvania Avenue, NW
                           Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

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