So long as a person is in DHS’s physical custody and has not received a final administrative removal order from the BIA, a party may make successive applications for bond to the IJ. Matter of Uluocha, 20 I&N Dec. 133, 134 (BIA 1989).
No motion to reopen is required. Matter of Uluocha, 20 I&N Dec. 133, 134 (BIA 1989).
Subsequent redetermination requests must be made in writing and based on a showing that the alien’s circumstances have changed materially since the initial bond redetermination hearing. 8 C.F.R. §§ 1003.19(b), (e);Matter of Uluocha, 20 I&N Dec. 133, 134 (BIA 1989) (citing Matter of Chew, 18 I&N Dec. 262, n.2 (BIA 1982).
C. Appeals and Stays
Appeals to the BIA of an IJ’s bond decision must be made within 30 days. 8 C.F.R. §§ 1003.38, 1236.1(d)(3)(i). Appeals of a DD’s bond decision must be made within 10 days. 8 C.F.R. § 1236.1(d)(3)(ii).
Filing an appeal from a DD determination or an IJ redetermination shall not operate to delay compliance with the custody order (except for with discretionary or automatic stays under 1003.19(i)), nor stay the administrative proceeding or removal. 8 C.F.R. § 1236.1(d)(4).
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