Aggravated Felonies

            (E)  Noncitizens Transferred from Expedited Removal on Basis of Credible Fear.  The BIA has recently held that noncitizens initially screened for expedited removal under INA § 235(b)(1)(A), but who are later transferred to the immigration courts for removal proceedings following a finding of credible fear, may request a bond hearing before an Immigration Judge unless they are otherwise barred from a hearing before an Immigration Judge under 8 C.F.R. § 1003.19(h)(2)(i) (e.g., arriving aliens, or those subject to mandatory detention).[133]

[133] Matter of XK, 23 I. & N. Dec. 731 (BIA 2005).