Attorney General Refers Decision Of BIA To Himself To Review Issues Relating To The Authority To Hold Bond Hearings For Certain Respondents Screened For Expedited Removal Proceedings, Staying The Case During His Review.

On September 18, 2018, Attorney General (AG) Jefferson Sessions directed the Board of Immigration Appeals (BIA or Board) to refer to him a case, per 8 C.F.R §1003.1(h)(1)(i), so that he can review its prior decision, automatically staying the matter pending his review. The AG invited briefing on whether Matter of X-K-, 23 I&N Dec.731 (BIA 2005), which held that Immigration Judges may hold bond hearings for certain respondents screened from expedited removal proceedings under INA §235(b)(1) into removal proceedings under §240, should be overruled per Jennings v. Rodriguez, 138 S. Ct. 830 (2018). Briefs were due October 9, 2018; amici briefs were due October 16^th. Reply briefs were due that same day. Matter of M-G-G, 27 I&N Dec. 469 (A.G. 2018).