Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025)

The BIA held that an applicant for admission who is arrested and detained without a warrant while arriving in the United States, whether or not at a port of entry, and subsequently placed in removal proceedings is detained under INA §235(b) and is ineligible for any subsequent release on bond under INA §236(a). The BIA further held that a noncitizen detained under INA §235(b) who is released from detention pursuant to a grant of parole under INA §212(d)(5)(A), and whose grant of parole is subsequently terminated, is returned to custody under INA §235(b) pending the completion of removal proceedings. The BIA thus dismissed the respondent’s appeal of the IJ’s determination that he lacked jurisdiction to consider the respondent’s request for release on bond because the respondent was detained under §235(b)(2)(A) and not under §236(a). Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025)