The Board of Immigration Appeals has determined that an FBI Letterhead Memorandum indicating that a respondent is a potential national security risk warrants significant weight in bond proceedings. The Board sustained DHS’s appeal, vacated the Immigration Judge’s bond order, and ordered the respondent detained without bond.
The Board explained that dangerousness determinations in bond proceedings may consider national security concerns and need not be limited to evidence of prior criminal conduct. The Board also rejected the respondent’s argument that the FBI memorandum was inherently unreliable because it was unsigned and unsworn, noting that immigration proceedings are not governed by the Federal Rules of Evidence and that government records prepared in the ordinary course of official duties carry strong indicia of reliability.
The full text of Matter of Shentu can be found here: https://www.justice.gov/eoir/media/1438116/dl?inline