The Board of Immigration Appeals has determined that an Immigration Judge may consider a State court’s decision as to dangerousness and the amount of bail that was set in criminal proceedings, but that the Immigration Judge does not owe a State court custody order deference in immigration bond proceedings. “The legal standards for bail in State court may be different than in Immigration Court and there may be a variety of reasons why an Immigration Judge may or should reach a different determination than a State court judge. It is for the Immigration Judge to make his or her own determination as to dangerousness under the custody redetermination provisions of the INA and applicable precedent.”
The full text of Matter of Choc-Tut can be found here: