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· 7/1/1997

NOBLE

Citations

  • 21 I. & N. Dec. 672

Syllabus

NOBLE, 21 I&N Dec. 672 (BIA 1997) ID 3301 (PDF) (1) Bond redeterminations of detained deportable aliens convicted of an aggravated felony are governed by the Transition Period Custody Rules of section 303(b)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, enacted as Division C of the Departments of Commerce, Justice, and State, and the Judiciary Appropriations Act for 1997, Pub. L. No. 104-208, 110 Stat. 3009, (enacted Sept. 30, 1996), irrespective of how or when the alien came into immigration custody. (2) Aliens deportable on aggravated felony grounds are eligible for release from immigration custody under the Transition Period Custody Rules, provided the alien can demonstrate that he or she was either lawfully admitted or cannot be removed because the designated country will not accept him or her, will not pose a danger to safety of persons or of property, and will likely appear for any scheduled proceeding.

How courts have described this case

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  • New York trial court deliberately ignored the language of New York law noted in Allcity and CountryWide for purpose of allowing county resident to collect more compensation

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