Criminal Defense of Immigrants

(D)  Expedited Removal.  Juveniles are subject to expedited removal under INA § 235.[553]  However, a juvenile will not be made subject to expedited removal unless the minor has engaged in criminal activity that constitutes an aggravated felony, been convicted or found a delinquent based upon commission of an aggravated felony, or has previously been subjected to removal.[554]  A detained juvenile subject to expedited removal will not be transferred into the custody of the Office of Refugee Resettlement, but will remain in DHS custody.

[553] INA § 235(b)(1), 8 U.S.C. § 1225(b)(1).  See § 15.22, supra.

[554] U.S. Memo, Virtue, Acting Exec. Comm., HQ 50/5/12, 96 Act. 054 (Aug. 21, 1997), posted on AILA InfoNet at Doc. No. 97082191.