Aliens in Expedited Removal Not Eligible for Bond
AG reads statute, reverses BIA
By Andrew R. Arthur on April 17, 2019
Attorney General William Barr issued a decision yesterday in Matter of M-S-, finding that aliens who are placed in removal proceedings after a positive credible-fear finding are ineligible for bond. This decision is only exceptional because the AG had to issue it at all. But he did have to, in order to reverse contrary Board of Immigration Appeals (BIA) precedent in Matter of X-K-.
Respectfully, I suggested that the BIA should have vacated that almost 14-year-old decision itself in an October 22, 2018, post captioned, well, "BIA Should Vacate Matter of X-K-". That followed an earlier October 18, 2018, post (discussing then-AG Jeff Sessions' certification of Matter of M-S- to himself for review) in which I explained how the major conclusions undergirding Matter of X-K- were wrong, and also that the Supreme Court had effectively overruled that precedent in its decision in Jennings v. Rodriguez. The BIA should have taken my advice six months ago, before the disaster at the border became even more unmanageable.
By way of background, as I explained in that October 18 post:
https://cis.org/Arthur/Aliens-Expedited-Removal-Not-Eligible-Bond
