- (1) In deciding whether to set a bond, an Immigration Judge should consider the nature and circumstances of the alien’s criminal activity, including any arrests and convictions, to determine if the alien is a danger to the community, but family and community ties generally do not mitigate an alien’s dangerousness.
- (2) Driving under the influence is a significant adverse consideration in determining whether an alien is a danger to the community in bond proceedings.
"...In a decision dated May 15, 2017, an Immigration Judge granted the respondent’s request for a change in custody status and ordered him released on bond in the amount of $25,000. The Department of Homeland Security (“DHS”) has appealed from that decision. The appeal will be sustained, and the respondent will be ordered detained without bond."
