Matter of XK, 23 I. & N. Dec. 731 (BIA 2005) (noncitizens screened for expedited removal under INA 235(b)(1)(A), as noncitizens designated under INA 235(b)(1)(A)(iii), but who are later placed in removal proceedings under INA 240, 8 U.S.C. 1229a (2000), following positive credible fear determination, are eligible for custody redetermination hearings before Immigration Judge unless the noncitizens are also members of any of the listed classes of noncitizens who are specifically excluded from the custody jurisdiction of Immigration Judges pursuant to 8 C.F.R. 1003.19(h)(2)(i)).

jurisdiction: 
BIA

 

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