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Client was arrested by ICE and placed in removal proceedings. At a bond hearing, the government opposed bond arguing that Client has multiple convictions for crimes of moral turpitude and is subject to mandatory detention. Attorney Chelico argued that Client is eligible for bond and that the government failed to submit any conviction records. Attorney Chelico declined an invitation by the immigration judge to submit conviction records. The immigration judge denied bond. Attorney Chelico filed an appeal with the Board of Immigration Appeals arguing that in this case, the government bears the burden to prove mandatory detention and it failed to do so.

Case Results

In an unpublihsed opinion by a three-member panel, the Board of Immigration Appeals sustained the appeal, vacated the decision denying bond and ordered the immigration judge to hold a new bond hearing in which the government is to provide conviction records supporting its mandatory detention claim. On remand, the government failed to provide any conviction records. The immigration judge set bond in an amount upon payment of which client may be released from custody