SAELEE

Citations

• 22 I. & N. Dec. 1258

Syllabus

SAELEE, 22 I&N Dec. 1258 (BIA 2000) ID 3427 (PDF) (1) The Board of Immigration Appeals has jurisdiction over an appeal from a district director's custody determination that was made after the entry of deportation or removal pursuant to 8 C.F.R. § 236.1 (1999), regardless of whether the alien formally initiated the review. (2) An alien subject to a final order of deportation based on a conviction for an aggravated felony, who is unable to be deported, may be eligible for release from detention after the expiration of the removal period pursuant to section 241(a)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1231(a)(6) (Supp. II 1996). (3) Where an alien seeking review of a district director's post-final-order custody determination failed to demonstrate by clear and convincing evidence that the release would not pose a danger to the community pursuant to 8 C.F.R. § 241.4(a) (1999), the district director's decision to continue detention was sustained.