N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)

Oct 19, 2017

OUTCOME: Unpublished. The BIA concluded that the citations for driving without a license, without more, are insufficient to demonstrate that the respondent poses a danger to the community.

The respondent appealed from the Immigration Judge's order denying a request to be released from custody. The Immigration Judge found that the respondent presented a danger to the community and ordered ... that the respondent is held on a "no bond” condition under § 236(a) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a) (2017). On appeal, the respondent argued that he/she is not a danger to the community and requested release on bond. The Department of Homeland Security held opposition to the appeal.