Matter of Guerra
Board of Immigration Appeals
24 I & N Dec. 37 (2006)
- Written by Carolyn Strutton, JD
Facts
Juan Francisco Guerra (plaintiff) was a citizen of the Dominican Republic who was present in the United States as a nonimmigrant visitor. The Department of Homeland Security (DHS) (defendant) began removal proceedings against Guerra and detained him after he stayed in the United States past the authorized period. At the time of his detention by the DHS, Guerra was also under a criminal indictment for drug trafficking. The criminal complaint against Guerra put forth specific and detailed allegations indicating that Guerra was in fact a drug dealer. The criminal case had not yet been brought to trial, and Guerra had been released from custody for those charges on a $500,000 bond. At the initial hearing for his removal proceedings, the immigration judge denied Guerra’s request for release on bond, determining that the information contained in the criminal complaint against Guerra was sufficient to establish that he was a danger to the community. Guerra appealed, arguing that the immigration judge should not have relied on the criminal complaint because Guerra had not been convicted of the accused crime. The appeal came before the Board of Immigration Appeals.
Rule of Law
Issue
Holding and Reasoning (Osuna, Board Member)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
