Case Analysis

By Attorney Ruby L. Powers Earlier this month, on February 2, 2018, the Board of Immigration Appeals decided the Matter of Egidijus Siniauskas, 27  Dec. 201 (BIA 2018). The decision pertains to the effects of DWIs on immigration custody bond determinations. This ruling should be examined thoroughly based on the current events revolving around the number of undocumented immigrants being picked up by ICE (Immigration and Customs Enforcement). Mr. Siniauskas is a native of Lithuania who overstayed his nonimmigrant visa almost 20 years ago. During this time, he had 3 prior DWI convictions between 2006 and 2007 and was arrested for his fourth offense in 2017. As it has become common the last few months, DHS took him into custody and declined to set bond. The Board of Immigration Appeals concluded that Mr. Siniaskas did not meet his burden of proof in determining whether he was a danger to the community in bond proceedings. This is important because the court has established…

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