J-R-M-, AXXX XXX 312 (BIA April 24, 2015)
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Immigrant & Refugee Appellate Center, LLCJ-R-M-, AXXX XXX 312 (BIA April 24, 2015)
Uploaded by
Immigrant & Refugee Appellate Center, LLCU.S.
Department of Justice
Executive Office for Immigration Review
Board of{mmigrarion Appeals
O{fice ofrhe Clerk
5 IW' lee~burg J-'1k.?. S1111e ~{)0(,
Falls Church. r·,rgm,a Jr,53n
Immigrant & Refugee Appellate Center, LLC | www.irac.net
Nzedu, Jasper Jimmy DHS/ICE Office of Chief Counsel - SDC
Jasper Attorneys & Associates PLLC 146 CCA Road, P.O.Box 248
50 South Pickett Street , Suite 212 Lumpkin, GA 31815
Alexandria, VA 22304
Name: R -M ,J A -312
Date of this notice: 412412015
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely.
Qc,'VtL Ct1/Vl.J
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Hollona, Hope Malia
Grant. Edward R
Guendelsberger, John
Userteam: Docket
For more unpublished decisions, visit
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Cite as: J-R-M-, AXXX XXX 312 (BIA April 24, 2015)
..
I'
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review
Falls Church, Virginia 20530
File: 312 - Lumpkin, GA Date:
111142.015
In re: J R -M a.k.a.
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IN BOND PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Jasper J. Nzedu, Esquire
APPLICATION: Redetermination of custody status
The respondent has appealed from the Immigration Judge's decision dated January 26, 2015.
The Immigration Judge issued a bond memorandum on March 4, 2015, setting forth the reasons
for the decision. The Immigration Judge found that the respondent presented a risk of flight and
ordered the respondent held on a "no bond" condition pursuant to section 236(a) of the
Immigration and Nationality Act, 8 U.S.C. § 1226(a). On appeal, the respondent argues that he
does not present a risk of flight and asks that he be released upon posting of a reasonable bond.
The appeal will be sustained.
The Board reviews an Immigration Judge's findings of fact, including findings as to the
credibility of testimony, under the "clearly erroneous" standard. 8 C.F.R. § !003.l(d)(3)(i). The
Board reviews questions of law, discretion, and judgment and all other issues in appeals from
decisions oflmmigration Judges de novo. 8 C.F.R § 1003.l(d)(3)(ii).
An alien in a custody determination under section 236(a) of the Act must establish to the
satisfaction of the Immigration Judge and this Board that he or she does not present a danger to
persons or property, is not a threat to the national security, and does not pose a risk of flight. See
Matter of Adeniji, 22 I&N Dec. 1102 (BIA 1999). In this matter, the Immigration Judge found
that the respondent presented a significant risk of flight and ordered him held on a "no bond"
condition pursuant to section 236(a) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a).
In particular, the Immigration Judge noted that the respondent, a native and citizen of El
Salvador, arrived in the United States in October 2014, has limited family ties to the United
States, and has not demonstrated eligibility for relief from removal. While these are adverse
factors to be considered in determining whether the respondent should be granted a monetary
bond, we also note that the respondent has provided a fixed address in the United States where he
would reside if released from custody, and apparently was determined to have a credible fear of
persecution in El Salvador by the United States Citizenship and Immigration Services. Under
the circumstances of this case, we find that, while the respondent does pose some risk of flight, a
$10,000 bond is reasonable and sufficient to ensure the respondent's presence at future
proceedings under these circumstances. See Matter ofGuerra, 24 I&N Dec. 37, 40 (BIA 2006).
Accordingly, the following orders will be entered.
ORDER: The respondent's bond appeal is sustained.
Cite as: J-R-M-, AXXX XXX 312 (BIA April 24, 2015)
312
FURTHER ORDER: Toe Immigration Judge's decision is vacated and the respondent is
ordered released from custody upon posting a bond in the amount of$10,000.
Immigrant & Refugee Appellate Center, LLC | www.irac.net
Cite as: J-R-M-, AXXX XXX 312 (BIA April 24, 2015)
