In re X---- K

1 Citing brief

  1. Jenny L Flores v. Edwin Meese

    RESPONSE

    Filed August 6, 2015

    42(c) and (d). Case 2:85-cv-04544-DMG-AGR Document 184 Filed 08/06/15 Page 28 of 60 Page ID #:2796 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 individual has been found to have a credible fear of persecution or torture and placed into standard removal proceedings, the authority for his or her detention normally shifts to the discretionary detention provisions of 8 U.S.C. § 1226(a).19 See Matter of X-K-, 23 I. & N. Dec. 731, 735-36 (BIA 2005) (holding that current Department of Justice regulations do not bar an immigration judge from making custody re- determinations of a person subject to expedited removal if he or she is determined to have a credible fear and placed in removal proceedings under 8 U.S.C. § 1229a, and if a bond is not otherwise precluded by 8 C.F.R. § 1003.19(h)(2)(i)).