The Ninth Circuit has determined that the determination of whether a particular noncitizen poses a danger to the community is a discretionary determination, which a federal court may not review. “What one immigration judge may find indicative of a propensity for danger, another may see as progress toward redemption. This is exactly the type of discretionary judgment that § 1226(e) insulates from judicial review.”
The court further rejected the petitioner’s assertion that due process required the Immigration Judge to consider alternatives to detention before deeming him to be a danger to the community. “Due process does not require immigration courts to consider conditional release when determining whether to continue to detain an alien under § 1226(c) as a danger to the community.”
The full text of Martinez v. Clark can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/06/15/21-35023.pdf