Effective Nov. 1, 2006, 8 C.F.R. 1003.19(i)(2) is a final version of the interim rule first published in 2001 that allows an officer of the DHS to request an automatic stay of release from detention of a noncitizen an immigration judge has found is eligible for release on bond in a Matter of Joseph, 22 I. & N. Dec. 660 (BIA 1999) hearing. The new rule requires the DHS file a form EOIR-43 notice of intent to file appeal within one day of the IJs bond decision. The stay will lapse within 10 days unless the DHS actually files an appeal of the bond decision to the BIA. Even if an appeal is filed, the stay will lapse within 90 days from the day the notice of appeal is filed unless the BIA grants a discretionary stay extending the period. 71 Fed. Reg. 57873 (Oct. 2, 2006).