The Board of Immigration Appeals (BIA) in Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009) held that an Immigration Judge can review and consider whether to modify the conditions of release imposed upon a foreign national by DHS ICE.
This means that if Immigration and Customs Enforcement gives a foreign national the option of paying a bond to be released and/or putting on an ankle bracelet, known as the Intensive Supervision Appearance Program (ISAP), an Immigration Judge can review ICE’s decision and reduce the bond or even take off the bracelet.
However, when a foreign national is released, s/he must file a motion to ameliorate within 7 days from the release from custody.
Ricky Malik, Esq.
