Matter of Yujing Shentu

Summary

The Board of Immigration Appeals sustained DHS's appeal of an Immigration Judge's bond order releasing Yujing Shentu. The Board held that an FBI letterhead memorandum identifying the respondent as a potential national security risk was properly admitted and warranted significant weight, and ordered her detained without bond.

Holdings

1. The FBI Letterhead Memorandum was properly admitted and could be considered in the bond proceeding because it was probative and its admission was fundamentally fair; the respondent did not establish that it was inaccurate, coerced, or otherwise fundamentally unfair.
2. The respondent failed to carry her burden of establishing that release would not pose a danger to persons or property; a facially credible FBI memorandum indicating a potential national security risk warranted significant weight and justified detention without bond.
3. The Board would not decide the respondent's motions to terminate removal proceedings or related challenges concerning the notice to appear, jurisdiction, discovery, or suppression in this custody appeal because those issues belong in the underlying removal proceedings.

Questions Presented

1. Whether an unsigned and unsworn FBI Letterhead Memorandum concerning a potential national security risk was admissible and could be considered in a section 236(a) bond proceeding.
2. Whether the respondent met her burden of demonstrating that her release would not pose a danger to persons or property.
3. Whether the Board should consider the respondent's motions to terminate removal proceedings and to compel discovery or suppress evidence in the custody appeal.

Disposition

vacated