Matter of E–Y–F–G–: BIA Orders Detention Without Bond on De Novo Review
On Wednesday, June 11, the Board of Immigration Appeals (BIA) published its decision in Matter of E–Y–F–G–. The central question in the case was whether a pending appeal of a grant of withholding of removal could justify a respondent’s release on bond. The BIA concluded that it does not, particularly where flight risk factors weigh strongly against the respondent.
In its analysis, the BIA conducted a de novo review, meaning it reassessed the facts and legal arguments without deferring to the immigration judge’s earlier findings. The respondent in the case argued that her pending withholding of removal claim should allow her to remain free on bond during the appeal process. However, the BIA emphasized that the burden of proof rests on the respondent to show she is neither a danger to the community nor a flight risk.
After reviewing the record, the BIA found that the respondent had failed to demonstrate she was not a flight risk. The decision highlighted several factors, including her immigration history and prior conduct, that suggested a strong possibility she would not appear for future proceedings if released. Based on this reasoning, the BIA sustained DHS’s appeal and ordered the respondent detained without bond.
This ruling is significant because it underscores the limited impact of pending appeals on bond determinations. Instead, the BIA reaffirmed that bond decisions must hinge on individualized assessments of danger and flight risk, not solely on the existence of pending immigration benefits or protections.
The case also illustrates the heightened scrutiny applied to bond cases in today’s immigration system. For practitioners, it reinforces the importance of preparing substantial evidence to counter flight risk allegations and ensuring that clients understand the challenges involved in securing release during ongoing appeals.
