In accordance with Camins v. Gonzales, 500 F.3d 872, 885 (9th Cir. 2007), San Francisco CBPs Deferred Inspections Unit has stopped issuing NTAs to LPRs returning from a brief, casual, and innocent trip abroad, where their guilty or no contest plea to an pre-IIRIRA offense would previously have rendered them inadmissible under INA 212(a)(2).



Instead, these cases are referred to ICE when there may be a possible charge under INA 237(a)(2). Unfortunately, ICEs policy on taking people into custody is much stricter than CBPs. Therefore, people are being placed in mandatory detention that otherwise may have been released on their own recognizance.



Thanks to Joren Lyons, Staff Attorney for Immigrant Rights at Asian Law Caucus.