JOSEPH

Interim Decision #3398 In re Samuel JOSEPH, Respondent File A90 562 326 - York Decided May 28, 1999 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) For purposes of determining the custody conditions of a lawful permanent resident under section 236 of the Immigration and Nationality Act,

8 U.S.C. § 1226

(Supp. II 1996), and

8 C.F.R. § 3.19(h)(2)(ii) (1999), a lawful permanent resident will not be considered “properly included” in a mandatory detention category when an Immigration Judge or the Board of Immigration Appeals finds, on the basis of…