In Matter of Luis Felipe Garcia Arreola, 25 I&N Dec.267 (BIA 2010), the BIA departed from Matter of Saysana, 24 I&N Dec.602 (BIA 2008) on the issue of mandatory detention as provided under INA § 236(c). The BIA held that ”section 236 (c) of the Act requires mandatory detention of a criminal alien only if he or she is released from non-DHS custody after the expiration of the TPCR and (italics mine) 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”.
This decision should hopefully bring some certainty to an area where some circuits and the BIA have gone in different directions. Read the full decision here www.justice.gov/eoir/vll/intdec/vol25/3685.pdf
