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Claudette Collen Hubbard, A030 085 111 (BIA Oct. 8, 2013)

Claudette Collen Hubbard, A030 085 111 (BIA Oct. 8, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the appeal and remanded for further consideration of the respondent’s eligibility for bond pursuant to Casas-Castrillon v. DHS, 535 F.3d 942 (9th Cir. 2008). The Board found that the Immigration Judge incorrectly balanced the positive and negative factors in determining whether the respondent posed a risk of flight, and noted that the government had filed an unopposed motion to remand after the respondent filed a petition for review with the Ninth Circuit. The decision was written by Member Anne Greer and joined by Member Neil Miller and Member Garry Malphrus.
In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the appeal and remanded for further consideration of the respondent’s eligibility for bond pursuant to Casas-Castrillon v. DHS, 535 F.3d 942 (9th Cir. 2008). The Board found that the Immigration Judge incorrectly balanced the positive and negative factors in determining whether the respondent posed a risk of flight, and noted that the government had filed an unopposed motion to remand after the respondent filed a petition for review with the Ninth Circuit. The decision was written by Member Anne Greer and joined by Member Neil Miller and Member Garry Malphrus.

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Published by: Immigrant & Refugee Appellate Center, LLC on Oct 16, 2013
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03/28/2015

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Cooper, Holly S. EsqUC Davis Immigation Law ClinicOne Shields Ave Bldg TB-30Davis CA 956160000
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SFRPO Box 26449San Francisco CA 941266449Name: HUBBARD CLAUDETTE COEN A 030085·111Date of thisnotice 10/8/2013
Encosed s a copy of he Bod's ecson an oe n he above-eence case.Ecloe
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Sincerely,
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Donna Car Chef Clerk
Tanest
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For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: Claudette Collen Hubbard, A030 085 111 (BIA Oct. 8, 2013)
 
US Department of ustice
Execuve Oce
r
Immiation RevewDecson of he Boad o mmaon AppealsFas
Churc,
Vrgna
2204
 File:A030 085 111 -S Francisco, CADate:
OCT 8 2013
In re: CLAUDEE COLLEN
HUBBA
a.k.a Claudette Colleen HubbdN BOND PROCEEDNGSAPPEALON BEHALF OF RESPONDENT:Holly S Cooper, EsquireAPPLCATON:Redetermination of custody statushe repondent appeal om he mgration Judge' May 2, 203, decision denying her request r a redeteination of her custody stau under section 236(a) of the mmgration d Nationality Act, 8 US.C. § 1226(a) The reason r the Immigration Judges deciion are setrh
a bond memorandum dated ay 28, 2013 Themation Judge und hat theDeparent of Homeland Security (DHS) had demonsated, by clear and convincing evidence,thatthe repondent was a siicant light rik The miation Judge therere denied therespondent requet r a redetermnation of her custody status pursuant to
asas-astrillon
v.
DHS,
535 F3d 942 (9th Cir. 2008). The appea will be sustained and the record remandedhe Immation Judge cited to
 Singh
v.
older
638 F.3d 196 (9th Cir 201), noting thatthe United States Court of Appeas r the Ninth Circuit had hed that he buden o proowas onthe DHS o establish, by cle and convincing evdence, hat detention wa warranted becausethe respondent is either a dger to he community or a ight risk. (.J at 2) The Immgrationudge concluded that he DHS had met its burden of demonsatng that continued detention isjutied, sating that, gven the respondent lack of available relief om removal, her ongfamilyties, her ar of reing to Jaica, and the posure of her case, he poes a light risk The respondent gues on appeal that, taking into consideration her positive ctor she doe notpresent a rsk of ightn making a deteination under section 236(a) of the Act, the Imigration Judge i toweighthe posive and negative ctors presented
 See Mater of Guerra
2 I&N Dec 37, 0 (BIA2006) (sating hat he nonexhaustive ctor an Immiation Judge may consider includewhether the alien has a xed addre hs or her length of residence, family ties, employmenthtoy, record of appearance at court proceeding, criminal recordincluding the extenivenesof criminal activity, the recency of such activiy, and the serouness of the oenes, hitory of immiation violations, attempts to ee proecution, and maer of eny into the United States)heImiation Judge appled he coec buden of proof in his case, but incoectlyappliedthe positive and negative ctors in deterining that the Goveent establihed,byclear and convncing evidence that the ght rik posed bythe respondent is such that, to ensureher appece at ue hearings, or r remova, continued detenton i necesitated Oneciticalctor cited by the Imigration Judge was the ct that an alien with an order of removal
Cite as: Claudette Collen Hubbard, A030 085 111 (BIA Oct. 8, 2013)

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