National Center for Immigrants' Rights, Inc. v. Immigration and Naturalization Service
Opinion
Opinion
Solomon, J.
The Immigration and Naturalization Service (INS) appeals the district court’s grant of summary judgment in favor of National Center for Immigrants’ Rights, Inc. (NCIR), appellees. The district court held that the inclusion of a condition barring unauthorized employment in every appearance and delivery bond issued in connection with a deportation proceeding exceeded the Attorney General’s statutory authority under the Immigration and Nationality Act (I & N Act or Act). We affirm.
Facts
The I & N Act is a comprehensive scheme intended to govern all aspects of the admission of aliens to the United States. The Act provides for the arrest and deportation of aliens present in the United States in violation of the law. 8 U.S.C. § 1357 (a)(2) (1982). An alien taken into custody pending a final determination of deportability may, in the discretion of the Attorney General, “(1) be continued in custody; or (2) be released under bond in the amount of not less than $500 with security approved by the Attorney General, containing such conditions as the Attorney General may prescribe; or (3) be released on conditional parole.” 8 U.S.C. § 1252 (a).