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Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022) (1) Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014) , is overruled. (2) Immigration adjudicators may consider a respondent’s mental health in determining whether an individual, “having...

"The United States immigration detention regime that was reborn in the 1980s is not only unprecedented in scale, but also in rationale. Whereas immigration detention had historically been justified primarily as a means of ensuring immigration compliance...

Matter of Fatahi, 26 I&N Dec. 791 (BIA 2016) - In determining whether an alien presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an Immigration Judge should consider both direct and circumstantial...

"Today in the United States, mandatory immigration detention imposes extraordinary deprivations of liberty following ordinary crimes—if the person convicted is not a U.S. citizen. Here, I explore that disparate treatment, in the first detailed...