The question presented is whether aliens who are originally placed in expedited proceedings and then transferred to full proceedings after establishing a credible fear become eligible for bond upon transfer. I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States.
https://denverimmigrationlawyer.com/wp-content/uploads/2018/11/Denver-Immigration-Lawyer-Mountains-Trimmed.png 144 1030 Denver Immigration Lawyer https://denverimmigrationlawyer.com/wp-content/uploads/2020/12/Denver-Immigration-Lawyer-Logo.png Denver Immigration Lawyer2019-04-16 17:30:192020-03-07 22:08:39Matter of M-S- (A.G. 2019)
Decided April 16, 2019
Arriving aliens – i.e., people who turn themselves in at a port of entry seeking asylum – and others apprehended after attempting unlawful entry into the United States at or near the border are subject to expedited removal.
They are promptly removed if they do not indicate a fear of returning to their home country which triggers referral to an asylum officer who must determine whether that person has a “credible fear of persecution or torture.”
In the past, it was common to obtain a bond for such individuals who were transferred to full immigration court proceedings (called 240 proceedings) after a positive determination of the asylum officer – at least in the case of immigrants other than arriving aliens. This case changes that practice.
This is a huge decision that will frustrate the will of many people seeking safety in the United States. The decision was made by the Attorney General – William Barr – and is part of the Trump administration’s war on immigration. While the Department of Homeland Security retains the discretionary authority to parole individuals – or let them out of prison – while their case is pending in the immigration courts, many will wait for months if not years to receive a trial without the possibility of bond.