A minor traffic violation—such as speeding or improperly honking the horn—can be enough for an immigration judge to deny bail to a detained immigrant. This warning was issued on Tuesday by lawyer Willy Allen during his live weekly program, along with Tania Costa, while discussing the impact of a recent decision by the Board of Immigration Appeals (BIA) that tightens the criteria for granting immigration bail across the United States.
The decision in question, known as Matter of M-S-V-, 30 I&N Dec. 130 (BIA 2026), involves a Russian citizen whose bond of $20,000 was revoked by the BIA, which had been granted by an immigration judge. Allen was emphatic: "This affects everyone."
The lawyer explained that the government appealed the immigration judge's decision, arguing that the judge did not sufficiently consider two factors that must always be evaluated before granting bail: the risk the individual poses to the community and the risk of not appearing at future hearings.
What worries Allen is the trend he has been noticing since last year. "I have experienced with this government since last year that many judges deny bail because the person had a traffic ticket, and they see the traffic ticket as a danger to the community, even if it's for completely ridiculous offenses like speeding or honking the horn incorrectly," he noted. "Fines that would never have been taken seriously in the past."
According to Allen, since 2025, such minor offenses have become valid grounds for denying bail. The new decision by the BIA reinforces this practice. “This decision strengthens and empowers judges to determine that a fine is strong enough to deny bail.”
The specific case that prompted the discussion involves a truck driver who was operating with a regular license instead of the commercial driver's license (CDL) required to drive freight vehicles. The government used this circumstance as an argument for community safety. "He should have had the CDL, which is the stronger license for truck drivers," Allen remarked.
The lawyer clarified that these decisions are appealable and that his firm has successfully overturned bond denials on appeal, which provides a possible avenue for those facing this situation.
In the same program, Allen also updated the status of the class action lawsuit of 992 Cubans with I-220A form before Federal Judge Jacqueline Becerra of the Southern District of Florida. On October 9, the government filed a new motion to dismiss the amended lawsuit, claiming lack of jurisdiction and that it does not present a legally valid claim. "Right now, everything is in paperwork," summarized Allen.
The plaintiffs, represented by attorney Mark Prada, have until October 23 to respond to that motion. Allen speculated on the next steps. "I suspect that the judge is going to consolidate all the pending cases and from there make a future decision."
The 992 Cubans seek to have the court recognize that their detention and subsequent release equate to a parole, which would allow them to apply for permanent residency under the Cuban Adjustment Act of 1966.
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