Release on bond — 8 C.F.R. 242.2 — Appeal does not result in release of alien — No authority for filing motion for enlargement pending action on appeal.
An alien denied release on bond who appeals to the Board of Immigration Appeals must remain in detention pending final action on his appeal by the Board. Furthermore, there is no authority in the regulations relating to bond proceedings (8 C.F.R. 242.2) for the filing of a motion for enlargement pending a determination of whether release on bond is warranted.
BEFORE THE BOARD
Discussion: A motion directed to the District Director at Boston, Massachusetts, and filed on September 24, 1954, by counsel in behalf of the above-captioned respondent, seeks his release under bond pending the completion of a hearing ordered by this Board on September 13, 1954. An order entered by the district director on September 27, 1954, denied said motion. From this action the respondent appeals.
We last considered the case pursuant to an appeal taken by respondent under the provisions of 8 C.F.R. 242.2. Our order of September 13, 1954, remanded the case to the district director for a hearing inasmuch as the meager record before us failed to disclose "the reasons for revocation of said bond." The record now before us shows that the hearing referred to above has been accorded respondent and is now in the process of being transcribed for submission to this Board. The respondent during the meantime has remained in custody.
Counsel in this his latest action seeks respondent's release on bond while this Board considers an appeal from the district director's order of September 7, 1954, revoking his enlargement on a bond of $7,500 posted May 19, 1954. Counsel argues that under section 6.14 of Title 8 C.F.R., the order of the District Director at Boston, dated September 7, 1954, could not properly be executed during the time allowed for the filing of an appeal or while the appeal is pending unless a waiver is filed.
Section 6.14 of Title 8, C.F.R. Stay of Execution of Decision. The decision in any proceeding under this chapter from which an appeal to the Board may be taken shall not be executed during the time allowed for the filing of an appeal unless a waiver of the right to appeal is filed, nor shall such decision be executed while an appeal is pending or while a case is before the Board by way of certification.
We are of the opinion that counsel's argument is without merit. The status quo of the respondent when we considered the appeal under section 242.2, ( supra), was that of an alien whose enlargement on bond had been revoked and who was then detained. In other words, respondent was in the same position as any other alien who has been denied release on bond. Section 6.14 of Title 8, C.F.R., when read in conjunction with section 242.2 of the same title, can be construed only one way, viz., that the status quo of the alien remains the same until there is final action on the appeal before us. There has been no final action by this Board on the appeal now pending under section 242.2 of Title 8 C.F.R. Our order of September 13, 1954, simply remanded the case for a further hearing.
Clearly, it was not intended under section 6.14, ( supra), that an appeal from the denial of a motion would automatically result in a release of an alien pending decision on an appeal in bond proceedings under section 242.2. Furthermore, we find no authority in the regulations relating to bond proceedings for the filing of a motion for enlargement pending a determination of whether release on bond is warranted. This appeal will be dismissed.
Order: It is directed that the appeal be and the same is hereby dismissed.