Claudia Grégoire Immigration Law Blog on Lawyers.com

An immigration
judge is permitted under statute to review and modify conditions of
release imposed by Department of Homeland Security (DHS), according to
the Board of Immigration Appeals (BIA). In Matter of Garcia-Garcia,
25 I&N Dec. 93 (BIA 2009) Interim Decision #3657 (AILA InfoNet Doc.
No. 09101561). The BIA said that regulations gave the Immigration Judge
jurisdiction to review appeals of the conditions of release placed by
DHS. So where in this case a detained person was ordered by DHS to wear
an electronic bracelet and he appealed within 7 days, the Immigration
Judge had the power to modify those conditions, according to the BIA's
decision. Source: AILA InfoNet, 10/16/09.

Here is some of the decision's key language: "Upon
de novo review, we affirm the Immigration Judge’s decision. We agree
with the Immigration Judge’s determination that she had jurisdiction to
review and modify the condition placed on the respondent’s release from
DHS custody. Our analysis in this matter begins with 8 C.F.R. §
1236.1(d)(1), which gives the Immigration Judge jurisdiction over
appeals from the custody decisions made by the District Director.
Specifically, the regulation provides as follows:

'After an initial custody determination by the district director, including the setting
of a bond, the respondent may, at any time before an order under 8 CFR part 1240
becomes final, request amelioration of the conditions under which he or she may
be released. Prior to such final order, and except as otherwise provided in this
chapter, the immigration judge is authorized to exercise the authority in section 236
of the Act (or section 242(a)(1) of the Act as designated prior to April 1, 1997 in the
case of an alien in deportation proceedings) to detain the alien in custody, release the
alien, and determine the amount of bond, if any, under which the respondent may
be released, as provided in § 1003.19 of this chapter. If the alien has been released from custody, an application for amelioration of the terms of release must be filed within 7 days of release.'"

Providence Rhode Island Immigration Lawyers, Massachusetts Immigration Lawyers George J. West & Associates

www.georgejwestlaw.com