The Board of Immigration Appeals has determined that a respondent’s false imprisonment conviction and related arrest history showed that he was a danger to the community and did not warrant release on bond. DHS appealed an Immigration Judge’s order releasing the respondent on a $15,000 bond.
The Board sustained DHS’s appeal and vacated the bond order. The Board emphasized that the respondent bore the burden of showing that he was not a danger to the community, that non-conviction conduct may be considered in the bond analysis, and that a dangerousness finding is dispositive without reaching flight risk.
The full text of Matter of Martinez-Rodriguez can be found here: https://www.justice.gov/eoir/media/1442701/dl?inline