The Board of Immigration Appeals has sustained DHS's appeal from a bond grant, holding that the respondent failed to meet his burden of showing he is neither a danger to the community nor a flight risk. The Board found that the Immigration Judge clearly erred in concluding the respondent had no criminal history, because a Wyoming arrest for failing to stop at a port of entry on an interstate was relevant under Matter of Siniauskas and Matter of Guerra. It also found his work as a long-haul truck driver without a valid commercial driver's license, with an expired regular license, to be a danger, citing DHS evidence of highway accidents.
The Board held that even assuming he was not dangerous, he failed to show he was not a flight risk. He entered on a visitor visa and overstayed, had limited ties, and offered a sponsor who was an apparent friend, with no affidavit, financial documents, or verification of the claimed relationship, which deserves limited weight under Matter of Dobrotvorskii. No application for relief had been filed, and speculative future eligibility does not materially reduce flight risk under Matter of A-L-S-.
The full text of Matter of M-S-V- can be found here: https://www.justice.gov/eoir/media/1464431/dl?inline