Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Section 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c) (2006),requires mandatory detention of a criminal alien only if he or she is released from non-DHS custody after the expiration of the Transition Period Custody Rules (“TPCR”) and only where there has been a post-TPCR release that is directly tied to the basis for detention under sections 236(c)(1)(A)–(D) of the Act. Matter of Saysana, 24 I&N Dec. 602 (BIA 2008), overruled; Matter of Adeniji

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