The Board of Immigration Appeals (BIA)The administrative body within the Department of Justice that hears appeals from immigration judges and certain USCIS decisions.See it in the glossary held on October 6 that a man who overstayed a visitor visa did not meet his burden to show he was neither a danger to the community nor a flight risk, vacating an Immigration judgeAn attorney appointed by the Attorney General who presides over removal proceedings in immigration court, part of the Executive Office for Immigration Review.See it in the glossary’s bond order in Matter of M-S-V-, 30 I&N Dec. 130.
The Board sustained the Department of Homeland Security’s appeal and ordered the man detained without bond. It is a published precedent decision (Interim Decision #4257), so immigration judges are expected to follow it.
The danger finding
The Board said the immigration judge clearly erred in finding the man had no criminal history, because he had been arrested for failing to stop at a port of entry on an interstate. He had also worked as a long-haul truck driver without a valid commercial driver’s license, and his regular license had expired. The Board found that driving a commercial truck without the required license poses serious road dangers. It also noted the judge did not address whether he worked without authorization.
The flight risk finding
The Board said that even assuming the man was not dangerous, he did not show he was not a flight risk. It pointed to his recent entry, his visa overstay, and a lack of family ties or a probable path to lawful status.
On the proposed sponsor, an apparent friend, the Board held that “an ambiguous social connection and uncertain financial ability to provide support” do not meet the standard for a reliable sponsor. No Affidavit of supportForm I-864, in which a sponsor promises to financially support an intending immigrant so that the immigrant is not likely to rely on public benefits.See it in the glossary, financial evidence or proof of the relationship was submitted. No AsylumProtection granted to a person already in the United States or at a port of entry who meets the definition of a refugee and cannot safely return to their country.See it in the glossary application had been filed, so the Board treated eligibility for relief as speculative.
What happens next in the case
The Board declined to consider new evidence submitted on appeal, noting the man could ask the immigration judge for a custody redetermination based on materially changed circumstances. The panel was Appellate Immigration Judges Gallow and Hansell and Temporary Appellate Immigration Judge Wang.
Bond questions are also before higher courts. See our report on the Supreme Court taking up no-bond detention and the Ninth Circuit ruling on bond hearings.