SAYSANA

Citations

• 24 I. & N. Dec. 602

Syllabus

SAYSANA, 24 I&N Dec. 602 (BIA 2008) ID 3620 (PDF) (1) The language of section 236(c)(1) of the Immigration and Nationality Act, 8 U.S.C.§ 1226(c)(1) (2006), does not support limiting the non-DHS custodial setting solely to criminal custody tied to the basis for detention under that section. (2) The respondent is subject to mandatory detention following his release from non-DHS custody resulting from his 2005 arrest for failure to register as a sex offender, even though that arrest did not lead to a conviction.