Matter of M-S- (agency decision, October 12, 2018)

Plain-English summary

The Attorney General directed the Board of Immigration Appeals to refer a case for review of whether immigration judges may hold bond hearings for certain people placed in removal proceedings after expedited removal screening. The order asked whether the Board's earlier precedent on that question should be overruled in light of a Supreme Court decision. It invited briefing from the parties and interested amici and set word limits, deadlines, and filing instructions. 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 case 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. 476 (A.G. 2018) Interim Decision #3941

                    Matter of M-S-, Respondent
           Decided by Attorney General October 12, 2018

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


             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 November 2, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before November 9, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before November 9, 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.

                                     476