The Board of Immigration Appeals has sustained DHS's appeal from an Immigration Judge's grant of bond, holding that the respondent failed to carry his burden under INA § 236(a) of showing he is not a danger to persons or property. The Board gave "substantial weight" to the respondent's pattern of alcohol-related driving arrests in 2021 and 2022, along with a more recent May 2026 arrest for domestic assault, and reiterated under Matter of Siniauskas that driving under the influence is a significant adverse consideration in custody determinations.
The Board acknowledged the respondent's family and community ties but held that, consistent with Matter of Adeniji, such equities generally do not mitigate a finding of dangerousness once a pattern of serious criminal conduct has been established. It vacated the Immigration Judge's bond decision and ordered the respondent detained without bond.
The full text of Matter of Roberto Morales Cuxun can be found here: https://www.justice.gov/eoir/media/1463806/dl?inline