Statutory Requirements for Requesting Bond in Immigration Court
- In bond proceedings governed by section 242(a)(2)(B) of the Act, the Respondent bears the burden of showing that he is lawfully admitted to the United States, not a threat to the community, and likely to appear before any scheduled hearing. Matter of Ellis, 20 I&N Dec. 641 (BIA 1993).
2. There is a presumption against the release of any alien from Service custody convicted of an Aggravated Felony unless the alien demonstrates certain factors. Matter of De la Cruz, 20 I&N Dec. 346 (BIA 1991), Matter of Ellis, 20 I&N Dec. 641 (BIA 1993). Matter of Yeung, 21 I&N Dec. 610 (BIA 1996).
Factors to consider in a bond case include the manner of entering the United States; family ties, community ties; criminal arrest and characteristics; state criminal bond amount, length of time as resident of the community, record of nonappearance, immigration violations and eligibility for relief, employment history, Matter of Shaw, 17 I&N Dec. 177 (BIA 1979), Matter of Sugay, 17 I&N Dec. 637 (BIA 1981).
Respondent does not pose a danger to others or a risk to national security, Matter of Guerra, 24 I&N Dec. 37 (BIA 2006).
The Immigration Court has no bond/custody redetermination authority over those aliens defined in section 236(c(1) of the Act unless it falls within the enumerated exception. The alien must satisfy the Attorney General that he will not pose a danger to the safety of other persons or property and is likely to appear for hearings.
An alien may request a hearing before an Immigration Judge to contest the INS determination that he or she is subject to mandatory detention under section 236(c(1) of the Act. See 8 CFR sec. 1003.19(h)(1)(ii).