Mandatory Detention Update

Following is a brief update on current interpretations of the recent INS policy change with regard to mandatory detention by immigration judges in Oakdale, Louisiana. Courtesy Melanie Nezer of Immigrant and Refugee Services Affiliates.

The American Immigration Lawyers Association has received a report from an attorney that in Oakdale, some immigration judges were denying motions for bond redeterminations as a matter of law (for those who practice in Oakdale: Weigand and Reese say no bond; Duck says bond, but Duck has been detailed to Guam). The judges have said that the INS change in its interpretation of "when released" is not binding on EOIR, and that they believe that anyone who came into INS custody after October 8, 1998 continues to be subject to mandatory detention, regardless of when they were released from criminal custody. EOIR general counsel's office says that the judges are absolutely right, the statement by INS is not binding on them, and they can interpret the law anyway the want until the BIA issues a precedent decision or the DOJ issues uniform, agency-wide regs. EOIR will not instruct the judges in any way on this issue.