As the Supreme Court has acknowledged, a defendant's pretrial freedom can, upon a hearing, be limited in various ways when it comes to addressing substantial and reasonable fears having to do with flight risk or danger posed to the community (or danger to the judicial process itself, like in cases of witness tampering).
"The government has not suggested that Patel poses a flight risk or danger to the community," the court said.
Boasberg cited a 2009 Department of Homeland Security directive still in force that says the federal government must consider person by person whether an undocumented asylum seeker poses a flight risk or danger to the community, or can be released from detention once they have shown a "credible fear" of persecution in their home country.
Prosecutors described her as a flight risk and danger to the community.
Meanwhile, a New Orleans judge Monday ordered Durst to be held without bail because he's considered a potential flight risk and danger to the community.
A New Orleans judge ordered New York real estate scion Robert Durst held without bail Monday because he is a flight risk and danger to the community.
At subsequent bail hearings, courts will now be required to remove financial conditions of release on these defendants, unless they can make a case that an individual is a flight risk or danger to the community.
In a 7-0 vothe the Maryland Court of Appeals passed a rule change that instructs judicial officers to impose the "least onerous" conditions of pretrial release for defendants not considered to be a flight risk or danger to public safety.
Congress should repeal the bed space mandate to allow ICE to instead implement a true civil detention model that requires individualized assessments of flight risk and danger to the community, implements alternatives to detention and, if necessary, detains immigrants in the least restrictive civil detention setting possible.
Saying that he posed a possible flight risk and danger to the community, a federal judge on Monday ruled that the former boyfriend of a woman who was killed in an explosion at her Aliso Viejo spa should remain in custody without the possibility of bail.
The denials violated ICE's own policy, the advocates said, which is to grant parole based on an individualized assessment unless an asylum seeker is deemed a flight risk, a danger to the community or cannot establish his or her identity.
