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BIA Practice Manual

BIA Practice Manual
Chapter 7 - Bond

7.2 - Jurisdiction

(a) Continuing Jurisdiction

A respondent may ask the immigration judge or DHS to change a bond decision if: 

  • the respondent is in detention (or was in detention within the last seven days), 
  • the respondent’s removal or deportation proceedings are still open before an immigration judge or the Board, and
  • the request for a change in bond is not moot as described in Chapter 7.4 (Mootness) 

The respondent may ask even if:

  • the respondent has previously asked the immigration judge to change a bond decision, provided the respondent can show that their circumstances have changed materially since the last bond decision 
  • the respondent 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:

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

  • 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 respondent 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