A-W

Citations

• 25 I. & N. Dec. 45

Syllabus

A-W-, 25 I&N Dec. 45 (BIA 2009) ID 3648 (PDF) (1) The Attorney General has not delegated authority to Immigration Judges, under 8 C.F.R.§ 1236.1(d) (2009), to redetermine the conditions of custody imposed by the Department of Homeland Security with respect to aliens who have not been issued and served with a Notice to Appear (Form I-862) in relation to removal proceedings pursuant to 8 C.F.R. Part 1240 (2009). (2) An alien admitted to the United States pursuant to the Visa Waiver Program who has not been served with a Notice to Appear pursuant to 8 C.F.R. Part 1240 is not entitled to a custody hearing before an Immigration Judge under 8 C.F.R. § 1236.1(d). Matter of Gallardo, 21 I&N Dec. 210 (BIA 1996), superseded.