C, E Name: C E
US pam of usi
Executive Oce r Immigration Review
Board of Immigration Appeals Oce of the Clerk
5107 leebg Pike, Su
u
e 2000 Fas Church. Vtgmt 2041
HS/ ICE Oice of Chief Counsel -SFR P
0
Box 26449 Sa Fracisco, CA 94126649 A 516 Date of this otice 4/ 20/ 207
Enclosed is a copy of the Board's decision and order in the above-rerenced case. Enclosure
Pl Mb: Greer, Anne J
Sincerely, Cynthia
L.
Crosby Acting Chie Clerk
: Dcket
For more unpublished BIA decisions, visit www.irac.net/unpublished/index/
I m m i r a n t & R e f u e e A p p e l l a t e C e n t e r , L L C| w w w . i r a c . n e t
Cite as: E-C-, AXXX XXX 516 (BIA April 20, 2017)
U.S Depatment of Justice
·
Executive Oce
r
Imaton Revew Fals Church, Vgna
22041
File: 516 -San Francisco, CA In re E C a.ka IN BOND PROCEEDNGS APPEAL ON BEHALF OF RESPONDENT: Pro se ON BEHALF OF DHS Grace H Cheung Assistat Chef Cousel APPICATION Redeteination of custody staus
Decson of the Bod of maton Appeals
Date
APR 2 0 17
In a decision dated October 26, 2016, an Immiation Judge ordered the respondent released om the custody of the Depment of Homeland Security ("DHS) on the condition that he post a $7,500 bond
1
Section 236(a)(2)(A) of the Immiation and Nationality Act, 8 USC
§
1226(a)(2)(A) (2011) The DHS has appealed om that decision, arguing that the Immiation Judge should have ordered the respondent detaned without bond because he poses a danger to the commuiy The appeal will be dismissed The respondent, a native and citizen of El Salvador, is in ongoing removal proceedings bsed on a charge that he is present in the United States without having been admited or paroled Section 212(a)(6)(A)(i) of the Act, 8 USC
§
1182(a)(6)(A)(i) Aer tng the respondent ito custody, the DHS made initial deteination that he should remain in detention without bond The respondent thereaer requested a bond redetermination heing bere an Immigration Judge pursuant to 8 CFR
§
1236l(d)(l), and at the conclsion of a hearng held on October 26, 2016, the Iiation Judge ordered the DHS to release the respondent upon his payment of a $7,500 bond and compliance with conditions related to hs eollment n a residential alcohol rehabilitation proam Ths timely appeal llowed
A
aien in bond proceedings bears the burden of demonstrating that he merits release
Matter of Fatahi,
26 I&N Dec. 791, 793, 795 & n.3 (BIA 2016);
Mater of Guerra,
24 I&N Dec 37, 40 (BIA 2006) To meet that burden, the aien must demonstrate that his release would not pose a danger to propery or persons, among other things
Maer of Fatahi, supra,
at 793;
Matter of Urena,
25 I&N Dec 140, 141 (BIA 2009);
Matter of deni,
22 I&N Dec 1102, 111113 (BIA 1999) (relying in p on 8 CFR
§
1236l(c)(8))
A
Immigration Judge has broad discretion to consider y matter he or she deems relevant when deteining whether
1
The reasons r the Immiation Judge's decision e set rh in a bond memoradum dated November 28, 2016
I m m i r a n t & R e f u e e A p p e l l a t e C e n t e r , L L C| w w w . i r a c . n e t
Cite as: E-C-, AXXX XXX 516 (BIA April 20, 2017)
.•
•.
516 alien's release on bond is permissible or advisable, d therere a custody redetermination tat has a "reasonable undation will not
b
disturbed on appeal
Matter of Guerra supra
at 39-40 (relying in par on
Carlson
v
Landon
342 US 524, 534 (1952)). On appeal, the HS maintais that e respondent would pose a dger to the counity if released In suppor of that argument, the HS points out that the respondent sustained two convictionsin May 2016 d June 2016r driving under the inuence ("DUI) in violation of section 23152(a) of the Calia Vehicle Code, as well as 2011 and 2013 convictions r public intoxication (HS Brief at 3-4) We aee with the HS that the respondent's very recent DUI convictions raise serious conces The Iiation Judge ackowledged the respondent's crimes d he DHS's evidence regding recidivism associated wit DUI oenses (J Bond Memo at 2) Neverheless, she concluded that the respondent carried his burden of proving that he would not endanger the community if released In suppor of that deteiation, the Immiation Judge ud tat the respondent paricipated in alcohol rehabilitation programs during his detention and presented evidence of eollment in a residential treatment program if released d of available suppor d assistance om s family (J Bond Memo at 2-3) The Imiation Judge's bond order also directed the respondent to remain in treatment aer release d to atend Alcoholics onymous meetings In bond proceedgs, a ndg of ture dgerousness is legally dispositive of alien's eligibility r release
Matter of Urena, supra
at 141 ("Dangerous aliens e properly detained without bond);
Matter of Dsdale
20 &N Dec 815, 817 (BIA 1994) ("[]f the alien caot demonstrate that he is not a danger to the county upon consideration of he relevant ctors, he should be detained in the custody of the Seice) Such a nding necessarily involves a prediction as to the likelihood that te alien will reoend or othewise engage in dangerous conduct in the ure In immiation proceedings, an Immiation Judge's predictive ndings of what may or may not occur in he ture are ndings of ct, whch are subject to a clely eoneous standard of review
Mater of
Z-Z-0-,
26 &N Dec 586, 590 (BIA 2015);
see also Matter of Fatahi supra
at 793 n2 (noting that an Iiation Judge's ctual ndings in bond proceedings e subject to cle eor review); 8 CFR § 1003(d)(3)(i);
c also United States
v
Hir
51 7 F 3d 1081, 1086
(9
Cir 2008) (reviewing dangerousness ndings r cle eor in the bail context) Clear eor review is siicantly deferential, d precludes us om reversing the Immiation Judge even if we are convinced that we would have weiged the evidence o dangerousness dierently had we been the ctnder.
See Anderson
v
Ci of Bessemer Ci NC
470 US 564 573 74 (1985) "[Where there are two peissible_views o the evidence, the ctnder's choice between them c ot be clearly eoneous.
Id.
at 574 We conclude tat the Immigration Judge's determination was based on a "peissible view of he evidence, and therere we defer to it In light of that assessment, we will not disturb the Immation Judge's judent that the respondent is eligible r release on bond and conditions as set by the Immiation Judge Accordingly, the llowing order will be issued 2
I m m i r a n t & R e f u e e A p p e l l a t e C e n t e r , L L C| w w w . i r a c . n e t
Cite as: E-C-, AXXX XXX 516 (BIA April 20, 2017)
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