Matter of GARCIA-GARCIA, 25 I&N Dec. 93 (BIA 2009) Interim Decision #3657 Matter of GARCIA-GARCIA, 25 I&N Dec. 93 (BIA 2009) Interim Decision #3657:

Matter of GARCIA-GARCIA, 25 I&N Dec. 93 (BIA 2009) Interim Decision #3657
Matter of GARCIA-GARCIA, 25 I&N Dec. 93 (BIA 2009) Interim Decision #3657: (1) An Immigration Judge has authority under section 236(a)(2)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(A) (2006), and 8 C.F.R. § 1236.1(d)(1) (2009) to review and consider whether to modify the conditions of release imposed on an alien by the Department of Homeland Security (“DHS”). (2) Where the respondent filed an application with the Immigration Judge to ameliorate the terms of release within 7 days of his release from custody by the DHS, the Immigration Judge had jurisdiction to review and modify the condition placed on the respondent’s release that he participate in the Intensive Supervision Appearance Program.