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AG Barr issues Matter of M-S-, holding that an asylum-seeker who establishes credible fear is ineligible for bond, even when transferred to removal proceedings

  1. Original Date Announced

    April 16, 2019

    Asylum seekers in expedited removal proceedings who have established a credible fear of persecution or torture are no longer eligible for release on bond and will be detained until the disposition of their case unless they are granted parole under INA 212(d)(5)(A). This decision by Attorney General Barr overrules a 14-year-old BIA precedent. It does not affect migrants who apply for asylum at a port of entry, who were ineligible for bond under the prior precedent, but extends the unavailability of bond to those processed for expedited removal who are apprehended after crossing into the United States between ports of entry without authorization.

    [ID #75]

    Matter of M-S-, 27 I&N Dec. 509 (AG 2019)
  2. Effective Date

    April 16, 2019

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Adjudication
Agencies Affected: EOIR ICE AG

Pre Trump-Era Policies

  • May 4, 2005

    Noncitizens processed for expedited removal after entering between ports of entry who received a positive credible fear determination for persecution or torture were previously eligible for a custody redetermination (bond) hearing before an Immigration Judge.

    Matter of X-K-, 23 I&N Dec. 731 (BIA 2005)
  • October 12, 2018

    The Attorney General (AG) certified to himself the case of Matter of M-S- and invited parties and amici to brief whether certain noncitizens screened for expedited removal are eligible for bond.

    Matter of M-S-, 27 I&N Dec. 476 (AG 2018)


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