Criminal Defense of Immigrants
§ 12.5 (E)
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(E) Bond. Like adults, juveniles may be released on bond, parole, or on their own recognizance. If a juvenile is released from detention, the DHS must release him or her to the custody, in order of preference, of a parent, legal guardian, or an “adult relative (brother, sister, aunt, uncle, grandparent) who is not presently in Service detention,” unless the DHS finds that the juvenile is a security or flight risk or a danger to the community.[1]
If the juvenile has a parent or legal guardian who is in DHS custody, a request can be made to release the family,[2] or the parent or legal guardian can make a sworn affidavit giving the DHS permission to release the juvenile to another person willing to care for the juvenile.[3] The juvenile may also refuse to be released to parent, guardian or relative.[4]
[33] 8 C.F.R. § 236.3(b)(1).
[34] 8 C.F.R. § 236.3(b)(2).
[35] 8 C.F.R. § 236.3(b)(3).
[36] 8 C.F.R. § 236.3(e).
Updates
Other
DETENTION - JUVENILES
New ICE family residential detention standards, Jan. 11, 2008. http://www.ice.gov/pi/familyresidential/index.htm