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.