JOHN M.

POPE, ESQUIRE
Pope & Associates, PC
333 E. Virginia Ave, Ste 216
Phoenix, A 85004-0000
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leebur Pike, Suite ZOOO
Fals Church, Vri1ia 2204 I
OHS/ICE Ofice of Chief Counsel - FLO
P .0. Box 25158
Phoenix, A 85002
Name: TARACENA-HERRERA, CARLOS ANTONIO A092-46-911
Date of this notice: 2128/2011
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Filppu, Lauri S.
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Carlos Antonio Taracena-Herrera, A092 446 911 (BIA Feb. 28, 2011)
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_>..S. Deparent oJustice . D0ao te Bo 0fmgu0a(
Exet Ofc for mgu0aRew
FCVtg 22041
File: A092 46 911 - Florence, A
I re: CALOS AONIO TARACENA-HRRA
I BON PROCEEIGS
APEA
ON BE LlRSPONDEN: John M Pope, Esquie
ON BEHALF LlDHS: Shae C. Hartma
Assistat Chief Counsel
APLICATION: Redetermnation of custody stats
Date:
FEB 2 8
2011
The Depament of Homeland Secty (the DHS) has appeaed fom the Imigaton Judge's
April 9, 2010, bond deision. The Imigation Judge issued a bond memoradum setting frth the
resons fr the bond deision on May 19, 2010. The Imgation Judge, INl0rGIG,fund Uthe
responden did not present a danger to the community or a risk of fight, and ganted the respondent's
reuest fr a redeternation of custody status ad ordere Mreleaed under a bond in the aount
of $4,000. On appea, the DHS argues that te Immgration Judge ered in releasing the respondent
under a $4,000 bond, as he is ineligble for the relief he seks, adjustent of status, ad does not have
ay incentve to appea at fture heags. The DHS points out that the respondent, aer being
ordered deore ad removed fom the Unite States in 1981, re-entered the United States without
being admitted or paoled several years later and has remaned in a illega status. The DHS' s appeal
Wbe dismissed.
The Immigation Judge must conduct a individualized deterinaton as to whether a aien who
seeks a chage ucustody status is a treat to natonal secut, a dager to the communit at lage,
lely to ascond, or otherise a poor bal risk. 00Gll0rof 1Gl0, 15 I&N Dec. 666 (BIA 1976).
The deerination of the Imigation Judge as to custody or bond stats may be based upon ay
inforation that is avalable to the Imigation Judge or that is presente to mby the alien or the
DHS. 008 C.F.R. 1003.19(h)(2)(i)().
We aee wmthe Imigation Judge's reasons fr fnding that, as there was no showing that the
respondent wa a threat to naiona securit, a danger to the comunity at lage, or likely to ascond,
a $4,000 bond aount was appropriate to ensre the respondent's appearance fr any ad N
immigation procegs. I this regad, we note that the Im igation Judge fund tat the
respondent mno record of violent criinal activit or other atisocial behavior. The Immigation
Judge fther fund that, as he has resided in te United Staes fr over 20 yeas, crenty ows a
home in Phoen is mared to a United States citizen, ma history of paying income taes, ad has
presented several letters demonstrating hs stong ties to the communit ad evdece of a stale work
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Cite as: Carlos Antonio Taracena-Herrera, A092 446 911 (BIA Feb. 28, 2011)

histor, te respondent did not present a rsk of figt that would wart mN detention. 00
m0rof Q0OQ24 I&N De. 3 7, 40 (IA 2006) (providing that a Immigation Judge ha broad
discretion in deiding the fctors that he may consider in custody redetetions ad that the
Immigaton Judge may choose to gve greater weight to one factor over others, as long as the
decision is reasonable). Notng te respondent's pror order of removal ad his evasion of the
immigtion laws since 1986, aguments presented by the DHS on appe, the Immigation Judge
determie Ua bond of$,000 was reuired. We fnd, having reviewed the Im gaton Judge's
fndings, that the DHS has failed to establish that the respondent's release under a bond in the aount
of $4, 000 is uonale under the circces of his case. Accrdingy, the DHS' s bond appe
Wbe dismisse.
The fllowing order shal be isse.
ORER: DHS' s appea is dismissed.
2
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Cite as: Carlos Antonio Taracena-Herrera, A092 446 911 (BIA Feb. 28, 2011)
,
c
(
U.S. DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRTION REVIEW
IMMIGRTION COURT
3260 N. PINAL PARKWAY
FLORENCE, ARIZONA 85132
FILE: A2~99~
IN THE MTTER OF:
TACBNA~HBHHBB, CAHLOU ATON1O
RESPONDENT
IN REMOVAL PROCEEDINGS
ORER OF THE IMIGRTION JGE
WITH RESPECT TO CUSTODY
Reqest having been made for a change in the custody status of respondent
pursuant to 8 CFR 236.l(c), and full consideration having been given to the
representations of the Department of Homeland Security and the respondent,
it is hereby
ORDERED that the request for a change in custody status be denied.
ORDERED that the request be granted and that respondent be:
released from custody on his own recognizance
J.
released from custody under bond of $ (0
OTHER
Copy of this decision has been served on the respondent and the
Department of Homeland Security.
APPEAL waived -- t 5-JD-./
FLORENCE -- FLORENCE, ARIZONA
Date: April 9, 2010
Immigration Judge
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