Legal Question in Immigration Law in Kentucky

automatic stay of IJ's bond determination pending government's appeal of it to B

My client was detained w/no bond. The IJ granted $20,000 bond. The gov't has appealed the order w/the BIA. Per 8 CFR 3.19(i)(2), the IJ's order granting bond is automatically stayed upon the gov't's filing of an EOIR-43 Notice of Intent to Appeal w/the court ''within one business day of the issuance of the order''. The IJ signed the bond order on 3/27 but didn't mail copies to the parties until 3/31. The gov't filed the EOIR-43 on 4/1 and stated on it that the order was signed by the IJ on 3/31. I called the court and was told the order's ''issuance date'' is when the IJ signed it, not when it was sent out. Therefore, they did not file it within one day of the issuance of the order & the IJ's order should not have been automatically stayed. What would be the fastest way to have the automatic stay lifted? My colleague believes if I try to seek relief from the IJ, he will just say tell it to the BIA. It doesn't seem to make sense, however, to ask the BIA to rescind a stay they never granted in the first place. It also has no effect on the appeal itself. We aren't challenging the government's right to appeal, we are simply challenging the automatic stay of the IJ's decision pending the result of the appeal.

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