Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Friday, March 18, 2011

IJ's have bond jurisdiction over aliens with pending petitions for review

Matter of Cuello, 2011 WL 899606, A021-334-966 (BIA Febr. 28, 2011)

The alien had a pending petition for review as well as a stay of removal issued by the circuit court. Although it ultimately affirmed the denial of bond (the alien was found to be a flight risk and danger to the community), there was no issue made as to the Immigration Judge's authority to conduct a bond hearing.  This is presumably because the alien cannot be detained under INA s 241 if the circuit court issues a stay of removal, as it means the removal period has not begun.  Rather, any detention would have to be under s 236, and this statute allows for individualized custody determinations by a neutral arbiter.

Detainer violation lawsuit

Ramos-Macario v. Jones, 2011 WL 831678 (M.D. Tenn. Mar. 2, 2011).

The Court allowed the plaintiff to proceed on his claim of false imprisonment against Rutherford County when he was detained beyond the expiration of the ICE detainer.  This detained expired 48 hours after he was supposed to be released from state custody, but he remained in custody for four months while waiting for ICE to assume custody of him (ICE eventually released him on his own recognizance).