The Board Reviewing Factual Determinations

The BIA can overturn the discretionary decision of an IJ to grant bond.

"In this case, we do not agree with the Immigration Judge’s bond determination. Considering the repeated and serious nature of the respondent’s actions, including a driving under the influence arrest just 18 days after a prior arrest for similar behavior, we conclude that the Immigration Judge’s decision releasing the respondent on bond does not have a “reasonable foundation.” Matter of Guerra, 24 I&N Dec. at 39–40; see also Matter of Siniauskas, 27 I&N Dec. at 208–10." Matter of Felipe CHOC-TUT, 29 I&N Dec. 48 at 51 (BIA 2025)