IRLI, on behalf of its client the Federation for American Immigration Reform (FAIR), submitted a friend-of-the-court brief at the request of the Board of Immigration Appeals (BIA) to address whether an Immigration Judge has jurisdiction to hold a custody redetermination hearing pursuant to the Order and Permanent Injunction in Rodriguez v. Holder, No. 2:07-CV-03239, 2013 WL 5229795 (C.D. Cal. Aug 6, 2013), appeal docketed, No. 13-56706 (9th Cir. Oct. 1, 2013) for a respondent incarcerated outside the central district of California for reinstatement under 8 U.S.C. § 1231(a)(5).
IRLI’s brief supported the government’s position on custody rehearing for aliens. IRLI provided case law and arguments in support of keeping aliens in custody after the government has determined it in the best interest of the United States to do so. IRLI also noted that because the Ninth Circuit has found the underlying statutes to be pervasively ambiguous, the BIA need not treat its conflicting judicial reinterpretations of agency regulations as controlling precedent. Lastly, IRLI noted that immigration courts have no jurisdiction over aliens detained pending reinstatement of prior removal orders except for the adjudication of withholding or CAT claims.