DRYSDALE

Citations

• 20 I. & N. Dec. 815

Syllabus

DRYSDALE, 20 I&N Dec. 815 (BIA 1994) ID 3221 (PDF) (1) In bond proceedingsunder section 242(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C.§ 1252(a)(2)(B) (Supp. IV 1992), there is a presumption against therelease from the Immigration and Naturalization Service's custody of anyalien convicted of an aggravated felony unless the alien demonstratesthat he was lawfully admitted to the United States, is not a threat tothe community, and is likely to appear for any scheduled hearings. (2) If a lawfully admittedalien convicted of an aggravated felony cannot rebut the statutory presumptionthat he is a danger to the community, he should be detained in the custodyof the Service. (3) Once a lawfully admittedalien convicted of an aggravated felony rebuts the presumption that heis a danger to the community, the likelihood that he will appear for futureproceedings becomes relevant in assessing the amount of bond needed tomotivate the respondent to appear.