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Executive Ofce ! Immigration Review
oardo/ !mm/grat/onZppeals
Oceo/tbeClerk
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Yacub, Ivan, Esq.
Yacub Law
307 E. Annandale Rd.
Ste.201
Falls Church, VA 22042
OHS/ICE Ofice of Chief Counsel - ELP
1545 Hawkins Blvd.
LPaso, 79925
Name: R -H , M A ... A -316
Date of this notice:
8/7/2014
Enclosed is a copy of te Board's decision and order in the above-refrenced case.
Enclosure
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Sincerely,
Df c a
Donna Car
Chief Clerk
USBI|BG. D
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: M-Y-R-H-, AXXX XXX 316 (BIA Aug. 7, 2014)
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Executive Ofce RrImigration Review
aIsLhurch,VrnaZJ
File: 316 - El Paso, TX
re: M ` -H
BOND PROCEEDINGS
APEA
ON BEHALF OF RESPONDENT: Ivan Yacub, Esquire
ON BEHALF OF DHS: Brittany Butterfeld
Assistance Chief Counsel
APPLICATION: Change in custody status
Decision of the Board of Imigration Appeals
Date:
ub 0 7 24
The respondent has appealed the June 12, 2014, decision of a Imigation Judge denying
her request fr a redeterination of her custody status. The hnmigration Judge's decision is
supported by a bond memorandum dated Jue 24, 2014. On appeal, te respondent argues that
Imigration Judge ered in concluding th. at she was an exteme fight risk and that no amount of
bond would reasonably assure her appearance at fture immigration proceedings. The appeal
will be sustained.
We review hnmigration Judges' fndings of fct fr clear error, but questions of law,
discretion, and judgment, ad all other issues in appeals, de novo. 8 C.F.R. 1003.1 ( d)(3).
The determination of whether a alien who is not subject to the mandatory detention
provisions of section 236(c) of the Imigration ad Nationality Act, 8 U.S.C. 1226(c), should
be detained or required to post bond is a to-step process. First, a deterination must be made
as to whether the alien poses a danger to the safty of persons. or property in his comunity.
Gll0IU[JQ50G0, 20 I&N Dec. 815 (BIA 1994) (deterination of dagerousness aalyzed). If
the alien does not pose a danger to the community, a deterination must be made as to whether
a alien is a fight risk unlikely to appea fr fture proceedings- . 00 0_., 0ll0/ U/Gl0, 15
I&N Dec. 666 ( 1976) (fctors unique to each alien must be evaluated in determining suitability
fr release fom custody).
The respondent, a native and citizen of El Salvador, attempted to enter the United States by
employing an alien smuggler. She is single ad has no children. She has no record of
employment and she owns no property in the United States. Her parents live in the United States
under Temporary Protected Status, ad she has a broter who is a United States citizen as well as
several other siblings who reside in the United States without lawfl status. The respondent
contends that she has a colorable claim to asylum and she has submitted a copy of her asylum
application and supporting evidence. )released on bond the respondent indicated that she will
reside with her brother in Virginia, and she has provided proof of his residence.
Upon de novo review, we agree with the Immigation Judge's conclusion that the
respondent is a fight risk. However, she has shown that she has signifcant fmily ties in this
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Cite as: M-Y-R-H-, AXXX XXX 316 (BIA Aug. 7, 2014)
316
country. She has also presented a prima fcie claim fr asylum ad withholding of removal.
Although the respondent is a fight risk, we fnd that the evidence of a fxed address where she
will reside, sigfcat family ties in this country, ad her claim of relief fom removal provide
some incentive fr her to appear fr fture imigration proceedings. SeeMatteroJGuerra, 24
I&N Dec. 37 (BIA 2006) (discussing relevat fctors fr consideration of suitability fr custody
cmmon),e radt, 1 L . % _ I
respondent with a greater likelihood of being granted relief fom deportation has a greater
motivation to appear fr a deportation heaing tha one who, based on a criminal record or
otherise, has less potential of being grated such relief'). Accordingly, despite our conclusion
that the respondent is a fight risk, we fnd that the respondent's appeaace at fture
immigration proceedings may be reasonably assured by the imposition of a substatial bond.
Accordingly, the respondent's appeal is sustained, and she is ordered released upon the
posting of a $5,000 bond. eee.y., MattetoJFate/, 15 I&N Dec. 666 (1976) (fctors unique to
each alien must be evaluated in deterining suitability fr release fom custody).
ORDER: The respondent is ordered released upon the posting of a $5,000 bond.

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Cite as: M-Y-R-H-, AXXX XXX 316 (BIA Aug. 7, 2014)