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Monday, April 16, 2007

Inherent authority. The Second Circuit has held that it has the inherent authority to admit to bail movants, who are seeking bail pending the court's consideration of their petition for review of a BIA order.

The decision in Elkimya v. Department of Homeland Security can be found here. Unfortunately for Elkimya, although the court held it had the inherent authority, it chose not to exercise its authority in his favor.

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