In re Siniauskas
Board of Immigration Appeals
27 I. & N. Dec. 207 (2018)
- Written by Eric DiVito, JD
Facts
Egidijus Siniauskas (plaintiff) was a native and citizen of Lithuania who came to the United States as a nonimmigrant visitor. Siniauskas admitted that he stayed in the United States longer than he was allowed. Siniauskas was married to a lawful resident of the United States and had a daughter who was a United States citizen. Siniauskas was convicted of three incidents of driving under the influence (DUI), one of which involved an accident. Siniauskas underwent treatment by a certified naturopathic physician and participated in Alcoholics Anonymous. Several years later, Siniauskas was convicted of a fourth DUI, which again involved an accident. Siniauskas was then taken into Department of Homeland Security (DHS) custody. Initially, the immigration judge (IJ) denied bond to Siniauskas, finding that he was a danger to the community. The IJ determined that Siniauskas did not pose a flight risk. At a subsequent hearing, the IJ released Siniauskas on $25,000 bond based on the introduction of additional evidence concerning whether Siniauskas was a danger to the community. DHS appealed the decision to release Siniauskas on bond.
Rule of Law
Issue
Holding and Reasoning (Malphrus, J.)
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