In re Adeniji

1 Analyses of this admin-law by attorneys

  1. 9th Circuit: IJ can’t consider bond notes to determine removal

    University of Denver Sturm College of LawApril 21, 2010

    The Ninth Circuit based its conclusion first on the BIA’s recognition that “‘bond and removal are distinctly separate proceedings.’” Joseph, No. 05-74390, slip op. at 5577 (quoting Matter of R-S-H-, 23 I&N Dec. 629, 630 n.7 (BIA 2003)).Secondly, the Ninth Circuit distinguished the BIA’s decision in Matter of Adeniji, 22 I&N Dec. 1102, 1115 (BIA 1999), which “indicates that evidence from a removal hearing, if made part of the record, can be considered in a bond hearing….” In Adeniji, the bond hearing was held after the removal hearing. Matter of Adeniji, 22 I&N Dec. at 1115.