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

 

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