ACLU / NWIRP Joint Practice Advisory: Conditional Parole

DHS Files Brief to the BIA Acknowledging that IJs May Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond

"On January 21, 2015, the Department of Homeland Security (“DHS”) filed its brief with the BIA. There, DHS concedes that

[t]he Immigration Judge [has] authority under section INA § 236(a) to release a respondent on her own recognizance and pursuant to conditional parole, as opposed to settling a monetary bond with a minimum amount of $1,500. No authority precludes an Immigration Judge from releasing a respondent on conditional parole under INA § 236(a)(2)(B), if the circumstances warrant release without a monetary bond.

In re V-G, DHS Br. at 3 (BIA filed Jan. 21, 2015); see also id. at 6-11 (discussing how this authority is confirmed by the plain language of the statute and regulations; the statutory history; and BIA case law)."

- ACLU / NWIRP, Feb. 2015.