In a published decision released last week, the BIA held that the mandatory detention provision, INA § 236(c), applies only to individuals released from non-DHS custody after October 8, 1998 and only if that custody was for an offense listed in § 236(c)(1)(A)-(D). Matter of Garcia Arreola, 25 I&N Dec. 267 (BIA 2010) (Adkins-Blanch, Guendelsberger, and King). Board member Adkins-Blanch wrote the decision; King is a temporary Board member.This case involved an individual who was detained after being arrested and charged with assault on June 8, 2002 and June 30, 2009.
[4]See Valdez v. Terry, 874 F. Supp. 2d 1262, 1274-75 (D.N.M. 2012) (collecting cases).[5] Matter of García Arreola, 25 I&N Dec. 267, 269 (BIA 2010). Find this information useful?