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Matthew Kolken on Deportation And Removal

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

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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.

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