Matter of Urena, Interim Decision #3663, 25 I&N Dec. 140 (BIA 2009)
- Dangerous aliens are properly detained without bond pending the completion of proceedings to remove them from the United States.
- 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.
- 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.”