N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
Department of Justice
Name: T -H , N Y A 854
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Grant, Edward R.
Mullane, Hugh G.
Usertea m: Docket
Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review
APPEAL
The respondent appeals from the Immigration Judge's April 20, 2017, order denying her
request to be released from custody.1 The Immigration Judge found that the respondent presents
a danger to the community and ordered that the respondent be held on a "no bond" condition
pursuant to section 236(a) of the Immigration and Nationality Act, 8 U.S.C. 1226(a) (2017). On
appeal, the respondent argues that she is not a danger to the community and requests release on
bond. The Department of Homeland Security has filed an opposition to the appeal. The
respondent's appeal will be sustained and the record will be remanded to the Immigration Judge
for further proceedings.
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 ofAdeniji, 22 l&N Dec. 1102 (BIA 1999). In declining to grant bond, the Immigration
Judge found that the respondent is a danger to the community because the record contains evidence
that the respondent was cited five times for driving without a license in the state of Florida, with
two of the citations resulting in misdemeanor convictions (Bond Exh. l(C)).
While we understand the Immigration Judge's concerns, we conclude that the citations for
driving without a license,2 without more, are insufficient to demonstrate that the respondent poses
a danger to the community. In light of the foregoing, we will remand the record to the Immigration
Judge to assess whether the respondent poses a risk of flight and to determine the appropriate
amount of bond. Accordingly, the following order will be entered.
1 The Immigration Judge did not issue a separate bond memorandum, but cited the reason for her
decision in the April 20, 2017, order.
2 We note here that two of these citations were dismissed upon the respondent's successful
completion of probation (Bond Exh. l(C)).
Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
854
ORDER: The respondent's appeal is sustained and the record is remanded to the Immigration
Judge for further proceedings consistent with the foregoing decision.
Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
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_,.,..
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IMMIGRATION COURT
3900 NORTH POWERLINE ROAD
POMPANO BEACH, FL 33073
COUR"""-li....,.fr'-"'
IMMIGRATION COURT FF
CC: SHANA BELYEU
3900 N POWERLINE RD
POMPANO BEACH, FL, 33073
Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
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FILE: 854
RESPONDENT
IN REMOVAL PROCEEDINGS
xxxxx OTHER: The respondent was denied bond on 4/20/2017 and found to
be a danger to the community due to her criminal record.
The respondent contends that she has PTSD an other
anxiety issues. Additionally that she has a child with
asthma who is being taken care of by a grandmother. In
this case, the respondent has failed to establish a
material change in circumstances. 8 C.F.R. 1003.19 (e).
The respondent was found to be a danger to the community,
and the respondent's renewed motion do not erase the
respondent's past criminal conduct. It is noted that no
appeal has been filed regarding the bond decision. Here,
the respondent has medical services immediately available
to her and her child is being cared for by a relative and
is under a doctor's care. Based on the above, the Court
finds that the respondent has not established any
material
change in circumstances and accordingly the ,motion is
DENIED.
Copy of this decision has been_ served on the respondent and the
Department of Homeland Sec4rit,y.
APPEAL'
,.,
Cite.: as:
N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
: : :r,)
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MIAMI BROWARD TRANSITIONAL CENTER
REX J. FORD
Immigration Judge
XS
Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)