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27 I. & N. Dec. 476

M-S

Board of Immigration Appeals

Decided July 1, 2018

Board of Immigration Appeals · decided 2018-07-01

M-S-, 27 I&N Dec. 476 (A.G. 2018) 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.

Applies 8 U.S.C. § 1225 (§ 235 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229A (§ 240 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Jennings v. Rodriguez

Decided 2018-07-01

 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.




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