Written by attorney Thomas Esparza Jr.

BIA Significantly Amends the Rules on Mandatory Detention

Cite as 25 I&N Dec. 267 (BIA 2010) Interim Decision #3685

Matter of Luis Felipe GARCIA ARREOLA, Respondent

File A038 829 033 - Charlotte, North Carolina

Decided June 23, 2010

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

Section 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c) (2006),

requires mandatory detention of a criminal alien only if he or she is released from non-DHS custody after the expiration of the Transition Period Custody Rules (“TPCR") and only

where there has been a post-TPCR release that is directly tied to the basis for detention under sections 236(c)(1)(A)–(D) of the Act. Matter of Saysana, 24 I&N Dec. 602 (BIA 2008),overruled; Matter of Adeniji, 22 I&N Dec. 1102 (BIA 1999), modified.

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