BIA remands to Immigration Court for a determination if an individual presents a potential danger

The Board of Immigration Appeals has just issued a precedent decision entitled: Matter of Urena, Interim Decision #3663, 25 I&N Dec. 140 (BIA 2009).

The Board ruled that:

(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; and 

(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.