Ben Winograd (IRAC) writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the appeal and remanded for further consideration of the respondent’s eligibility for bond pursuant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. The decision was written by Member Anne Greer and joined by Member Neil Miller and Member Garry Malphrus."
"We would note that the respondent's limited availability of relief is not dispositive to the question of flight risk, and, if flight risk is established, the Immigration Judge shall consider whether such risk can be accounted for by setting of a bond in an amount sufficient to ensure the respondent's compliance with further orders pertaining to her removal proceedings." - Matter of Hubbard, Oct. 8, 2013, upub.
Hats off to Prof. Holly S. Cooper!