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