JURISDICTION CHART
|
Jurisdiction | No Jurisdiction |
|
After DD sets bond and before final removal order. |
X, no NTA necessary |
|
|
Alien in state or federal custody but DD has not yet set bond. |
X, even if DHS detainer or alien initiates removal proceedings | |
|
Alien released from custody, within 7 days of release. |
X |
|
| Alien released from custody, after 7 days of release. |
|
X, Jx is with DD only |
| Alien in custody, no final removal order, successive applications to IJ for redetermination. | X, no MTR req'd, but must show material change in circumstances |
|
| Same as above, even if on appeal to BIA. | X | |
| Alien who has an administratively final order of removal or deportation | |
X, Jx only to determine whether DHS may continue to detain after 90 day removal period (and removal not foreseeable) because alien's release poses special danger to the public |
| Alien in exclusion proceedings |
|
X |
| Arriving alien in removal proceedings, including alien
paroled after arrival under INA § 212(d)(5) |
|
X |
| Alien described in INA § 237(a)(4) of the Act [security and related grounds] |
|
X, Jx only to determine whether "properly included" |
| Alien in removal proceedings subject to INA § 236(c)(1) |
|
X, Jx only to determine whether "properly included" |
| Alien in deportation proceedings subject to INA § 242(a)(2) (as in effect prior to April 1, 1997, and as amended by section 440(c) of Pub. L. 104-132) |
|
X, Jx only to determine whether "properly included" |
| Alien in expedited removal proceedings under INA § 238 |
|
X |