The Board of Immigration Appeals has remanded a bond case in which an Immigration Judge granted a $20,000 bond to an Indian national, holding that the Immigration Judge failed to make the comprehensive findings required to assess flight risk. The Immigration Judge had found the respondent prima facie eligible for adjustment through a Form I-130 filed by his U.S. citizen spouse, but the record contained no I-130 or supporting letter from the spouse, the judge did not explain the basis for finding a visa immediately available, and she did not address DHS's evidence questioning the marriage's viability, including a lack of recent contact and address discrepancies.
The Board also held that a pending asylum application alone does not sufficiently mitigate flight risk under Matter of Z-N-L-, that the Immigration Judge must address the respondent's use of multiple Indiana addresses in evaluating whether he has a fixed address, and that a friend's willingness to serve as a bond sponsor, without independent proof of the sponsor's means, is insufficient under Matter of R-A-V-P- and Matter of Dobrotvorskii. On remand, the Immigration Judge must make specific findings on the reliability and sufficiency of the respondent's residence, sponsor, and prospects for lawful status.
The full text of Matter of N-L-U- can be found here: https://www.justice.gov/eoir/media/1469146/dl?inline