GARCIA-GARCIA

Citations

• 25 I. & N. Dec. 93

Syllabus

GARCIA-GARCIA, 25 I&N Dec. 93 (BIA 2009) ID 3657 (PDF) (1) An Immigration Judge has authority under section 236(a)(2)(A) of the Immigration andNationality Act, 8 U.S.C. § 1226(a)(2)(A) (2006), and 8 C.F.R. § 1236.1(d)(1) (2009)to review and consider whether to modify the conditions of release imposed on an alienby the Department of Homeland Security (\DHS\). (2) Where the respondent filed an application with the Immigration Judge to amelioratethe terms of release within 7 days of his release from custody by the DHS, the ImmigrationJudge had jurisdiction to review and modify the condition placed on the respondent'srelease that he participate in the Intensive Supervision Appearance Program.