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U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals


Office of the Clerk

5107 Leesburg Pike, Suite 2000


Falls Church, Virgm1a 22041

Immigrant & Refugee Appellate Center, LLC | www.irac.net


Smith, Regilucia C OHS/ICE Office of Chief Counsel - BTC
Reggie Smith Law 3900 Power Line Road
185 Airport N Dr Pompano Beach, FL 33072
Summerland Key, FL 33042

Name: T -H , N Y A 854

Date of this notice: 10/19/2017

Enclosed is a copy of the Board's decision and order in the above-referenced case.

Sincerely,

Donna Carr
Chief Clerk

Enclosure

Panel Members:
Adkins-Blanch, Charles K.
Grant, Edward R.
Mullane, Hugh G.

Usertea m: Docket

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www.irac.net/unpublished/index

Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: 854 - Pompano Beach, FL Date:


OCT 1 9 2017
In re: N Y T -H

Immigrant & Refugee Appellate Center, LLC | www.irac.net


IN BOND PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Regilucia C. Smith, Esquire

ON BEHALF OF OHS: Shana Belyeu


Assistant Chief Counsel

APPLICATION: Bond redetermination

The respondent appeals from the Immigration Judge's April 20, 2017, order denying her
request to be released from custody.1 The Immigration Judge found that the respondent presents
a danger to the community and ordered that the respondent be held on a "no bond" condition
pursuant to section 236(a) of the Immigration and Nationality Act, 8 U.S.C. 1226(a) (2017). On
appeal, the respondent argues that she is not a danger to the community and requests release on
bond. The Department of Homeland Security has filed an opposition to the appeal. The
respondent's appeal will be sustained and the record will be remanded to the Immigration Judge
for further proceedings.

An alien in a custody determination under section 236(a) of the Act must establish to the
satisfaction of the Immigration Judge and this Board that he or she does not present a danger to
persons or property, is not a threat to the national security, and does not pose a risk of flight.
See Matter ofAdeniji, 22 l&N Dec. 1102 (BIA 1999). In declining to grant bond, the Immigration
Judge found that the respondent is a danger to the community because the record contains evidence
that the respondent was cited five times for driving without a license in the state of Florida, with
two of the citations resulting in misdemeanor convictions (Bond Exh. l(C)).

While we understand the Immigration Judge's concerns, we conclude that the citations for
driving without a license,2 without more, are insufficient to demonstrate that the respondent poses
a danger to the community. In light of the foregoing, we will remand the record to the Immigration
Judge to assess whether the respondent poses a risk of flight and to determine the appropriate
amount of bond. Accordingly, the following order will be entered.

1 The Immigration Judge did not issue a separate bond memorandum, but cited the reason for her
decision in the April 20, 2017, order.

2 We note here that two of these citations were dismissed upon the respondent's successful
completion of probation (Bond Exh. l(C)).

Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
854

ORDER: The respondent's appeal is sustained and the record is remanded to the Immigration
Judge for further proceedings consistent with the foregoing decision.

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
-

;..
_,.,..
'.

UNITED $ATES DEPARTMENT OF JUSTICE


EXECUTIVE.OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
3900 NORTH POWERLINE ROAD
POMPANO BEACH, FL 33073

Immigrant & Refugee Appellate Center, LLC | www.irac.net


Reggie Smith Law
Smith, Regilucia C
185 Airport N Dr
Sumrnerland Key, FL 33042

IN THE MATTER OF FILE A 854 DATE: May 24, 2017


T -H , N Y

UNABLE TO FORWARD - NO ADDRESS PROVIDED

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION


IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS
WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AND FEE OR FEE WAIVER REQUEST
MUST BE MAILED TO: BOARD OF IMMIGRATION APPEALS
OFFICE OF THE CLERK
5107 Leesburg Pike, Suite 2000
FALLS CHURCH, VA 22041

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT


OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.
THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE
WITH SECTION 242B(c) (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C.
SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),
8 U.S.C. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:

IMMIGRATION COURT
3900 NORTH POWERLINE ROAD
POMPANO BEACH, FL 33073

xx OTHER: Bond Order.

COUR"""-li....,.fr'-"'
IMMIGRATION COURT FF
CC: SHANA BELYEU
3900 N POWERLINE RD
POMPANO BEACH, FL, 33073

Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
-

UNITED STATES .DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COPRT
POMPANO. J?EACH,: FL

FILE: 854

IN THE MATTER OF:

Immigrant & Refugee Appellate Center, LLC | www.irac.net


T -H , N Y

RESPONDENT

IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE


WITH RESPECT TO CUSTODY

Request having been made for a change in the custody status of .


respondent pursuant to 8 CFR 1236.l(c), and full consideraion
having been given to the representations of the Department o{....
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

released from custody under bond of $ -

xxxxx OTHER: The respondent was denied bond on 4/20/2017 and found to
be a danger to the community due to her criminal record.
The respondent contends that she has PTSD an other
anxiety issues. Additionally that she has a child with
asthma who is being taken care of by a grandmother. In
this case, the respondent has failed to establish a
material change in circumstances. 8 C.F.R. 1003.19 (e).
The respondent was found to be a danger to the community,
and the respondent's renewed motion do not erase the
respondent's past criminal conduct. It is noted that no
appeal has been filed regarding the bond decision. Here,
the respondent has medical services immediately available
to her and her child is being cared for by a relative and
is under a doctor's care. Based on the above, the Court
finds that the respondent has not established any
material
change in circumstances and accordingly the ,motion is
DENIED.

Copy of this decision has been_ served on the respondent and the
Department of Homeland Sec4rit,y.

APPEAL'
,.,

Cite.: as:

N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)
: : :r,)
;'
MIAMI BROWARD TRANSITIONAL CENTER

Date: May 24, 2017


- .-...

REX J. FORD
Immigration Judge
XS

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'::

Cite as: N-Y-T-H-, AXXX XXX 854 (BIA Oct. 19, 2017)

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