D-J

Citations

• 23 I. & N. Dec. 572

Syllabus

D-J-, 23 I&N Dec. 572 (A.G. 2003) ID 3488 (PDF) (1) The Attorney General has broad discretion in bond proceedings under section 236(a) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a) (2000), to determine whether to release an alien on bond. (2) Neither section 236(a) of the Act nor the applicable regulations confer on an alien the right to release on bond. (3) In determining whether to release on bond undocumented migrants who arrive in the United States by sea seeking to evade inspection, it is appropriate to consider national security interests implicated by the encouragement of further unlawful mass migrations and the release of undocumented alien migrants into the United States without adequate screening. (4) In bond proceedings involving aliens seeking to enter the United States illegally, where the Government offers evidence from sources in the Executive Branch with relevant expertise establishing that significant national security interests are implicated, Immigration Judges and the Board of Immigration Appeals shall consider such interests. (5) Considering national security grounds applicable to a category of aliens in denying an unadmitted alien's request for release on bond does not violate any due process right to an individualized determination in bond proceedings under section 236(a) of the Act. (6) The denial of the respondent's release on bond does not violate international law. (7) Release of the respondent on bond is unwarranted due to considerations of sound immigration policy and national security that would be undercut by the release of the respondent and other similarly situated undocumented alien migrants who unlawfully crossed the borders of the United States on October 29, 2002 further, the respondent failed to demonstrate adequately that he does not present a risk of flight if released and should be denied bond on that basis as well.