Qualifying Criminal-Custody Release for INA §236(c)
How BIA precedent analyzes the post-Transition-Period criminal-custody release required for mandatory detention under INA §236(c).
Matter of Garcia Arreola requires a post-Transition-Period release from non-DHS custody tied to the basis for detention under §236(c)(1). Matter of Garcia Arreola overruled Matter of Saysana on the broader unrelated-custody rule. The custody chronology should identify the offense, criminal custody, release date, and asserted §236(c) category.
Qualifying Criminal-Custody Release for INA §236(c)
How BIA precedent analyzes the post-Transition-Period criminal-custody release required for mandatory detention under INA §236(c).
qualifying-release-rule analysis treats qualifying release mandatory detention 236(c) as a distinct custody issue whose answer depends on the governing detention statute, jurisdiction, and procedural posture.
qualifying-release-rule preparation should identify whether the case is under §236(a), §236(c), or §241, and should build a custody record separate from the removal merits record.
Qualifying Criminal-Custody Release for INA §236(c): Issue 1
Matter of Garcia Arreola requires a post-Transition-Period release from non-DHS custody tied to the basis for detention under §236(c)(1). qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule proof should identify the governing detention statute and current custody order. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance.
qualifying-release-rule flight-risk analysis should examine mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule residence, family ties, hearing history, immigration record, and relief incentives should be connected to appearance risk. qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant.
qualifying-release-rule chronology should isolate mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule criminal release, DHS arrest, bond hearing, merits decision, and final-order dates should be charted separately. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-issue-1; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities.
Qualifying Criminal-Custody Release for INA §236(c): Issue 2
Matter of Garcia Arreola overruled Matter of Saysana on the broader unrelated-custody rule. qualifying-release-rule chronology should isolate mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule criminal release, DHS arrest, bond hearing, merits decision, and final-order dates should be charted separately. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged.
qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities. qualifying-release-rule mandatory-detention review should test mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule the claimed §236(c) category and release event should be identified precisely. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts. qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly.
qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule statutory analysis should verify mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule the detention authority should be matched to the respondent's current procedural posture. qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-issue-2; qualifying-release-rule proof should identify the governing detention statute and current custody order.
Qualifying Criminal-Custody Release for INA §236(c): Issue 3
The custody chronology should identify the offense, criminal custody, release date, and asserted §236(c) category. qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule statutory analysis should verify mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule the detention authority should be matched to the respondent's current procedural posture. qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline.
qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule proof should identify the governing detention statute and current custody order. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule flight-risk analysis should examine mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule residence, family ties, hearing history, immigration record, and relief incentives should be connected to appearance risk. qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing.
qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant. qualifying-release-rule chronology should isolate mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule criminal release, DHS arrest, bond hearing, merits decision, and final-order dates should be charted separately. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-issue-3; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount.
Qualifying Criminal-Custody Release for INA §236(c): Issue 4
Preap addresses the timing of later immigration arrest rather than eliminating the need for a qualifying statutory custody basis. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant. qualifying-release-rule chronology should isolate mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule criminal release, DHS arrest, bond hearing, merits decision, and final-order dates should be charted separately. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule the decision should state who carries the burden and what showing is required.
qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities. qualifying-release-rule mandatory-detention review should test mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule the claimed §236(c) category and release event should be identified precisely. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts.
qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly. qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule statutory analysis should verify mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule the detention authority should be matched to the respondent's current procedural posture. qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-issue-4; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable.
Qualifying Criminal-Custody Release for INA §236(c): Issue 5
The Joseph inquiry can test whether the identified release and offense actually place the respondent within mandatory detention. qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly. qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule statutory analysis should verify mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule the detention authority should be matched to the respondent's current procedural posture.
qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule proof should identify the governing detention statute and current custody order. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule flight-risk analysis should examine mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule residence, family ties, hearing history, immigration record, and relief incentives should be connected to appearance risk.
qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant. qualifying-release-rule chronology should isolate mandatory-detention-qualifying-criminal-release-issue-5; qualifying-release-rule criminal release, DHS arrest, bond hearing, merits decision, and final-order dates should be charted separately.
Qualifying Criminal-Custody Release for INA §236(c): Issue 6
Matter of Garcia Arreola requires a post-Transition-Period release from non-DHS custody tied to the basis for detention under §236(c)(1). qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant.
qualifying-release-rule chronology should isolate mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule criminal release, DHS arrest, bond hearing, merits decision, and final-order dates should be charted separately. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities.
qualifying-release-rule mandatory-detention review should test mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule the claimed §236(c) category and release event should be identified precisely. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts. qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly. qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-issue-6; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record.
Qualifying Criminal-Custody Release for INA §236(c): Issue 7
Matter of Garcia Arreola overruled Matter of Saysana on the broader unrelated-custody rule. qualifying-release-rule mandatory-detention review should test mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule the claimed §236(c) category and release event should be identified precisely. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts. qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly.
qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule statutory analysis should verify mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule the detention authority should be matched to the respondent's current procedural posture. qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule proof should identify the governing detention statute and current custody order.
qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule flight-risk analysis should examine mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule residence, family ties, hearing history, immigration record, and relief incentives should be connected to appearance risk. qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-issue-7; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records.
Qualifying Criminal-Custody Release for INA §236(c): Issue 8
The custody chronology should identify the offense, criminal custody, release date, and asserted §236(c) category. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule flight-risk analysis should examine mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule residence, family ties, hearing history, immigration record, and relief incentives should be connected to appearance risk. qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing.
qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant. qualifying-release-rule chronology should isolate mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule criminal release, DHS arrest, bond hearing, merits decision, and final-order dates should be charted separately. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount.
qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities. qualifying-release-rule mandatory-detention review should test mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule the claimed §236(c) category and release event should be identified precisely. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts. qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-issue-8; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated.
Qualifying Criminal-Custody Release for INA §236(c): Issue 9
Preap addresses the timing of later immigration arrest rather than eliminating the need for a qualifying statutory custody basis. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities. qualifying-release-rule mandatory-detention review should test mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule the claimed §236(c) category and release event should be identified precisely. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts.
qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly. qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule statutory analysis should verify mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule the detention authority should be matched to the respondent's current procedural posture. qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable.
qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule proof should identify the governing detention statute and current custody order. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule flight-risk analysis should examine mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule residence, family ties, hearing history, immigration record, and relief incentives should be connected to appearance risk. qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-issue-9; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling.
Qualifying Criminal-Custody Release for INA §236(c): Issue 10
The Joseph inquiry can test whether the identified release and offense actually place the respondent within mandatory detention. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule proof should identify the governing detention statute and current custody order. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule flight-risk analysis should examine mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule residence, family ties, hearing history, immigration record, and relief incentives should be connected to appearance risk.
qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant. qualifying-release-rule chronology should isolate mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule criminal release, DHS arrest, bond hearing, merits decision, and final-order dates should be charted separately.
qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities. qualifying-release-rule mandatory-detention review should test mandatory-detention-qualifying-criminal-release-issue-10; qualifying-release-rule the claimed §236(c) category and release event should be identified precisely.
Custody Chronology: Qualifying Criminal-Custody Release for INA §236(c)
qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing.
qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline.
qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated. qualifying-release-rule jurisdiction review should frame mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule counsel should confirm whether the Immigration Judge may redetermine custody before litigating bond amount. qualifying-release-rule source review should confirm mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule current statutes, regulations, BIA precedent, Supreme Court law, and circuit law should be checked before filing. qualifying-release-rule post-order review should consider mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule removal efforts, travel documents, stays, and custody-review history should appear on the timeline. qualifying-release-rule briefing should explain mandatory-detention-qualifying-criminal-release-practice-11; qualifying-release-rule pre-order bond, mandatory detention, and post-order detention should not be conflated.
Bond Evidence Plan: Qualifying Criminal-Custody Release for INA §236(c)
qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance.
qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record.
qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities. qualifying-release-rule closing argument should synthesize mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule requested custody relief should be stated in procedural terms the adjudicator can grant. qualifying-release-rule evidence should document mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule criminal records, address proof, family evidence, employment, relief posture, and custody records should be organized by legal relevance. qualifying-release-rule bond-record preparation should support mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule information borrowed from the merits record should be identified clearly in the separate custody record. qualifying-release-rule hearing strategy should develop mandatory-detention-qualifying-criminal-release-practice-12; qualifying-release-rule witnesses should address concrete danger or appearance facts rather than generic equities.
Hearing and Appeal Strategy: Qualifying Criminal-Custody Release for INA §236(c)
qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable.
qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts.
qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the decision should state who carries the burden and what showing is required. qualifying-release-rule changed-circumstances review should assess mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule a subsequent request should identify what materially changed since the prior custody ruling. qualifying-release-rule decision drafting should resolve mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the ruling should state custody jurisdiction, danger, flight risk, and bond amount separately when applicable. qualifying-release-rule appellate preservation should record mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the custody record should permit Board or federal-court review without reconstructing missing facts. qualifying-release-rule burden review should test mandatory-detention-qualifying-criminal-release-practice-13; qualifying-release-rule the decision should state who carries the burden and what showing is required.
Federal Review Preservation: Qualifying Criminal-Custody Release for INA §236(c)
qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule proof should identify the governing detention statute and current custody order. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly.
qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule proof should identify the governing detention statute and current custody order. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged.
qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records. qualifying-release-rule analysis should begin with mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule proof should identify the governing detention statute and current custody order. qualifying-release-rule danger analysis should evaluate mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule allegations, convictions, recency, rehabilitation, and context should be addressed directly. qualifying-release-rule appeal planning should preserve mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule the notice of appeal should identify the exact custody ruling and issues challenged. qualifying-release-rule factual audit should revisit mandatory-detention-qualifying-criminal-release-practice-14; qualifying-release-rule assumptions about criminal custody or release should be replaced with certified or reliable records.
Primary Legal Authorities and Sources
- EOIR Precedent Decisions — Volume 25 Official EOIR source containing Matter of Urena and Matter of Garcia Arreola.
- 8 U.S.C. §1226 — Apprehension and Detention Pending Removal Decision Primary statute governing discretionary detention under INA §236(a) and mandatory detention under INA §236(c).
- Nielsen v. Preap, 586 U.S. 392 (2019) Supreme Court decision holding that delayed immigration arrest after release from criminal custody does not remove a person from §1226(c).
- EOIR Precedent Decisions — Volume 22 Official EOIR source containing Matter of Joseph and Matter of Adeniji.
- EOIR Precedent Decisions — Volume 24 Official EOIR source containing Matter of Guerra and Matter of Kotliar.
- 8 C.F.R. §1003.19 — Custody/Bond Current regulation governing Immigration Judge custody redetermination, jurisdiction, changed circumstances, and stays.
Frequently Asked Questions
What is the main rule for qualifying release mandatory detention 236(c)?
Which detention statute controls qualifying release mandatory detention 236(c)?
Who has the burden in a qualifying release mandatory detention 236(c) case?
What evidence matters most for qualifying release mandatory detention 236(c)?
Can an Immigration Judge always set bond in a qualifying release mandatory detention 236(c) case?
How should qualifying release mandatory detention 236(c) be preserved for review?
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