Viewing entries tagged
danger to the community

Comment

BIA Holds Street Racing and Resisting Arrest Established Danger to the Community in Bond Proceedings

The Board of Immigration Appeals has sustained DHS's appeal from a $15,000 bond grant to a Kyrgyz respondent, holding that his recent arrests for driving on a license suspended for street racing, resisting arrest, and possessing contraband in jail demonstrated he had not met his burden of proving he is not a danger to the community.

The Board held that the immigration judge's finding that the respondent would not reoffend because he had "a lot to lose" was speculative and contradicted by his own recent conduct, and that a state court's decision to release him on his own recognizance did not bind the immigration judge's separate dangerousness assessment. Because a finding of dangerousness alone is dispositive of bond eligibility, the Board ordered the respondent detained without bond without reaching the question of flight risk.

The full text of Matter of Kamalov can be found here: https://www.justice.gov/eoir/media/1460501/dl?inline

Comment