Tuesday, November 17, 2009

Matter of Urena #3663, 25 I&N Dec. 140 (BIA 2009) Dangerous aliens are properly detained without bond pending the completion of proceedings

Matter of Urena, Interim Decision #3663, 25 I&N Dec. 140 (BIA 2009)
  1. Dangerous aliens are properly detained without bond pending the completion of proceedings to remove them from the United States.
  2. Only if an alien has established that he would not pose a danger to property or persons should an Immigration Judge decide the amount of bond necessary to ensure the alien’s presence at proceedings to remove him from the United States. 
  3. Where an Immigration Judge characterized an alien seeking release from custody as a “potential” danger to the community but ordered him released upon the posting of a bond amount, the record was remanded for the Immigration Judge to clarify whether the alien met his burden of proving that his release on bond would not pose a danger to property or persons."

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