Matter of Kotliar, 24 I. & N. Dec. 124 (BIA 2007) (noncitizen arrested at home while on criminal probation is subject to mandatory detention under INA 236(c)(1), 8 U.S.C. 1226(c)(1) (2000), regardless of the reason for the most recent criminal custody, provided it can be ascertained from the facts that he was released from criminal custody after October 8, 1998, the expiration date of the Transition Period Custody Rules).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3558.pdf