Immigration Law

A.G. Sessions Questions Matter of X-K-, Asks for Amicus Briefs: Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)

Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)

"Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me in my review, I invite the parties to these proceedings and interested amici to submit briefs on points relevant to the disposition of this case, including:

Whether Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), which held that immigration judges may hold bond hearings for certain aliens screened from expedited removal proceedings under section 235(b)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(1), into removal proceedings under section 240, 8 U.S.C. § 1229a, should be overruled in light of Jennings v. Rodriguez, 138 S. Ct. 830 (2018).

The parties’ briefs shall not exceed 15,000 words and shall be filed on or before October 9, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before October 16, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before October 16, 2018. All filings shall be accompanied by proof of service and shall be submitted electronically to AGCertification@usdoj.gov, and in triplicate to: United States Department of Justice Office of the Attorney General, Room 5114 950 Pennsylvania Avenue, NW Washington, DC 20530 All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored."