The Board of Immigration Appeals has sustained DHS's appeal from an immigration judge's decision releasing a respondent on an $8,000 bond, after the respondent had already been transferred from Massachusetts to a detention facility in Texas before the bond hearing took place. The immigration judge in Massachusetts reasoned that venue for the bond request remained proper there because the respondent's removal case was still administratively pending in that court.
The Board held that bond proceedings are separate from removal proceedings, and that the controlling regulation ties bond venue to the respondent's place of detention, not to which immigration court is handling the underlying removal case. Because the respondent had already been transferred to Texas by the time he filed his second custody redetermination request, the Massachusetts immigration court was not the proper venue, and the Board vacated the bond decision without reaching the merits of dangerousness or flight risk.
The full text of Matter of Vizcaino Aybar can be found here: https://www.justice.gov/eoir/media/1450581/dl?inline