Seifert, Lisa Ellen

Seifert Law Offices
Suite 1-A
626 Columbia Street NW
Olympia, WA 98501
-
Name: G -T , J
U.S. Department of Justice
Executive Office fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leesburg Pike, Suite 2000
Fals Church, Virginia 20530
OHS/ICE Office of Chief Counsel - TAC
1623 East J Street, Ste. 2
Tacoma, WA 98421
A -698
Date of this notice: 8/19/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Hofman, Sharon
Sincerely,
Dc"  CQ
Donna Carr
Chief Clerk
Userteam: Docket
RECEIVED
AUG 2 2 2014
SEIFERT LW OFCES
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: J-G-T-, AXX XXX 698 (BIA Aug. 19, 2014)
For more unpublished BIA decisions, visit www.irac.net/unpublished
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U.S. Department of Justice
Executive Ofice fr Imigration Review
Falls Church, Virginia 20530
File: 698 -Tacoma, WA
In re: J G -T
I BOND PROCEEDIGS
APPEAL
ON BEHALF OF RSPONDENT: Lisa Seifrt, Esquire
APPLICATION: Change in custody status
Decision of the Board of Imigraton Appeals
Date:
AUG 19 2014
The respondent appeals the Igration Judge's bond decision dated April 9, 2014. The
Immigration Judge issued a bond memorandum setting forth the reasons for the bond decision on
May 29, 2014, wherein she deterined that she had no jurisdiction over respondent's request for
a change in custody status. The record will be remanded for further proceedings.
In September 2012, the United States District Court for the Central Distict of Califoria
Wester Division, issued an Order and Preliminary Injunction in Rodriguez v. Robbins, No.
2:07-CV-03239 (C.D. Cal. Sep. 13, 2012); af'd, 715 F.3d 1127 (9th Cir. 2013), requiring the
goverent to identif all class members detained pursuant to 8 U.S.C. §§ 1226 and 1225(b) and
to provide each of them with a bond hearing befre an Immigation Judge with power to gant
their release. The class consists of: all non-citizens within the Cental District of Califoria who:
(1) ae or were detained for longer than six months pursuant to one of the general immigration
detention statutes pending completion of removal proceedings, including judicial review, (2) are
not and have not been detained pursuant to a national security detention statute, and (3) have not
been affrded a hearing to determine whether their detention is justified.
Subsequently, in August 2013, the United States District Court fr the Central Distict of
Califora Wester Division issued an Order ad Permaent Injunction clarifying that detainees
incarcerated for re[in]statement under 8 U.S.C. § 123 l(a)(5), detainees held for proceedings
initiated by an administrative removal order under 8 U.S.C. § 1228(b )(expedited removal), and
detainees held under the general immigration statute after entering the United States through the
Visa Waiver Program are also members of the previously certifed class of individuals entitled to
a bond hearing. See Rodriguez v. Holder, No. 2:07-CV-03239, 2013 WL 5229795 (C.D. Cal.
Aug. 6, 2013), appeal docketed, No. 13-56706 (91h Cir. Oct. 1, 2013). The court indicated that
members of all four subclasses -those detained under 8 U.S.C. §§1225(b), 1226(a), 1226(c),
and 1231, should be affrded bond hearings afer 6 months of detention, consistent with
Rodriguez v. Robbins, supra.
The administrative record indicates that the respondent has been detained in excess of 6
month. Although the Immigation Judge concluded that the previously discussed custody
provisions are inapplicable to the respondent because he is detained outside of the Central
District of Califria, we conclude that the Immigration Judge has jurisdiction to consider the
respondent's request fr a chage in custody status per the decisions i Rodriguez v. Robbins,
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Cite as: J-G-T-, AXX XXX 698 (BIA Aug. 19, 2014)
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698
supra, ad Rodriguez v. Holder, supra, we will remand the record for the Imigration Judge to
provide a bond hearing. Accordingly, the fllowing order will be entered.
ORER: The record is remanded to the Immigation Judge for a new bond hearing i
accordance with the above decision and the issuance of a new decision.
2-
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Cite as: J-G-T-, AXX XXX 698 (BIA Aug. 19, 2014)
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