An alien detained pending a decision as to whether the alien is to be removed from the United States does not have a right to be released on bond. Matter of Guerra, 24 I&N Dec. 37, 39 (BIA 2006) (citing Carlson v. Landon, 342 U.S. 524, 534 (1952); Matter of D-J-, 23 I&N Dec. 572, 575 (AG 2003). The Supreme Court has concluded that detention is a normal and lawful part of removal proceedings: “Detention during removal proceedings is a constitutionally permissible part of that process.”

1(c)(8), 1236.1(d)(1) and (3); see also Matter of Guerra, 24 I. & N. Dec. 37 (BIA 2006). At a bond hearing before an Immigration Judge, an alien bears the burden of justifying release by showing that he is not a flight risk or a danger to the public.