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Immigration Law

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia

"On appeal, the respondent argues that the Immigration Judge erred in concluding that she was an extreme flight risk and that no amount of bond would reasonably assure her appearance at future immigration proceedings. The appeal will be sustained.

The respondent, a native and citizen of EI Salvador, attempted to enter the United States by employing an alien smuggler. She is single and 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, and she has a brother who is a United States citizen as well as several other siblings who reside in the United States without lawful 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. If 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 Immigration Judge's conclusion that the respondent is a flight risk. However, she has shown that she has significant family ties in this country. She has also presented a prima facie claim for asylum and withholding of removal. Although the respondent is a flight risk, we find that the evidence of a fixed address where she will reside, significant family ties in this country, and her claim of relief from removal provide some incentive for her to appear for future immigration proceedings.

Accordingly, the respondent's appeal is sustained, and she is ordered released upon the posting of a $5,000 bond." - Matter of X-, Aug. 7, 2014.  [Hats off to Ivan Yacub!  Ask him for details, but this appears to be a Central American 'mass influx' case done by video in Virginia.  Significantly, no mention by the BIA of Matter of D-J-!]