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EOIR Policy Manual

EOIR Policy Manual
Part III - Board Practice Manual

6.2 - Jurisdiction

(a) Continuing Jurisdiction

An alien may ask the Immigration Judge or the Department of Homeland Security (DHS) to change a bond decision if:

  • the alien is in detention (or was in detention within the last seven days),
  • the alien’s removal or deportation proceedings are still open before an Immigration Judge or the Board of Immigration Appeals (Board), and
  • the request for a change in bond is not moot as described in Chapter 6.4 (Mootness)

The alien may ask even if:

  • the alien has previously asked the Immigration Judge to change a bond decision, provided the alien can show that his or her circumstances have changed materially since the last bond decision
  • the alien appealed a previous bond decision to the Board

(b) Appellate Jurisdiction 

      (1) Immigration Judge decisions - The Board has jurisdiction over appeals of Immigration Judge bond rulings.  See 8 C.F.R. §§ 1003.1(b)(7), 1003.19(f), 1003.38, 1236.1(d)(3)(i).  The Board also has general emergency stay authority when DHS appeals an Immigration Judge’s custody decision.  See 8 C.F.R. § 1003.19(h)(4)(i).

     (2) DHS decisions - The Board has jurisdiction over certain appeals involving DHS bond decisions made subsequent to an Immigration Judge ruling.  See 8 C.F.R. § 1236.1(d)(3).  The Board does not have jurisdiction over appeals from DHS custody decisions involving:

  • aliens in exclusion proceedings
  • “arriving aliens,” as described in 8 C.F.R. § 1001.1(q), in removal proceedings
  • aliens ineligible for release on security or related grounds
  • aliens ineligible for release on certain criminal grounds

8 C.F.R. § 1003.19(h)(2)(i).

      (3) Jurisdictional issues - The Board has jurisdiction to rule on whether an Immigration Judge has jurisdiction to make a bond determination.

(c) No Jurisdiction

The Board does not have authority to review a bond decision when the alien:

  • departs the United States, whether voluntarily or involuntarily
  • is granted relief by the Immigration Judge and DHS does not appeal
  • is granted relief from removal by the Board
  • is denied relief from removal by the Immigration Judge and the alien does not appeal
  • is denied relief from removal by the Board
  • is released on the conditions requested in the bond appeal
  • is released on conditions more favorable than those requested in the bond appeal
  • has a subsequent bond redetermination request granted by an Immigration Judge and DHS does not appeal