8 CFR 236.3 - Detention and release of juveniles

Cite as8 CFR 236.3
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66 practice notes
  • Immigration; removal orders; countries to which aliens may be removed,
    • United States
    • Federal Register January 05, 2005
    • January 5, 2005
    ...* * * * * (d) Information regarding detainees. Disclosure of information relating to detainees shall be governed by the provisions of 8 CFR 236.3. Sec. 241.4 0 4. Section 241.4(k)(1)(i) is amended by removing the phrase ``because no country currently will accept the alien,'' and by removing......
  • Gonzalez ex rel. Gonzalez v. Reno, No. 00-206-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • March 21, 2000
    ...the application. Rather, the INS seems to contemplate occasional parental conflict in the context of unaccompanied juvenile aliens. See 8 C.F.R. 236.3(e) ("If a parent of a juvenile detained by the [INS] can be located, and is otherwise suitable to receive custody of the juvenile, and the j......
  • W.S.R. v. Sessions, Nos. 18 C 04265
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • July 9, 2018
    ...remarks that might be read to suggest that the court was considering parental release, but in fact the court was merely observing that 8 C.F.R. § 236.310 reflected a preference of release to an adult relative not in custody over simultaneous release, and ultimately concluded that the Flores......
  • Louis v. Meissner, No. 81-1260-CIV-EPS.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • February 24, 1982
    ...right to seek political asylum in violation of the Protocol, the Due Process Clause of the Fifth Amendment, 8 C.F.R. § 208.1 et seq., 8 C.F.R. § 236.3, Section 208 of the Immigration Act, 8 U.S.C. § 1158, INS Operations Instructions, and (7) that Defendants have applied a double standard re......
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63 cases
  • Ali v. Reno, No. 93 Civ. 4661 (CLB) and 93 Civ. 4683 (CLB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • August 16, 1993
    ...State, Bureau of Human Rights and Humanitarian Affairs for comment pursuant to 8 C.F.R. 208.11. Record, at 263, 271. See 8 C.F.R. §§ 208.11, 236.3(b). In a four page opinion letter dated October 23, 1992, Roger Denkert, the Director of the Office of Asylum Affairs for the Bureau of Human Ri......
  • Immigration & Naturalization Serv. v. Cardoza-Fonseca, CARDOZA-FONSECA
    • United States
    • United States Supreme Court
    • March 9, 1987
    ...that there is no significant difference between the "well-founded fear" and "clear probability" standards. Compare 8 CFR §§ 108.3(a) and 236.3(a)(2) (1980) (asylum) with 8 CFR § 242.17(c) (1980) (withholding of deportation). Common sense suggests that the United States has the better of thi......
  • Marincas v. Lewis, No. 95-5424
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • August 9, 1996
    ...admitted. 8 U.S.C. § 1226(a). If the alien asserts an asylum claim, he is entitled to an asylum hearing before an immigration judge. 8 C.F.R. § 236.3(c). Stowaways, however, have a distinct status. Under the INA they are excludable aliens who are not entitled to an exclusion hearing. The IN......
  • Gonzalez ex rel. Gonzalez v. Reno, No. 00-206-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • March 21, 2000
    ...the application. Rather, the INS seems to contemplate occasional parental conflict in the context of unaccompanied juvenile aliens. See 8 C.F.R. 236.3(e) ("If a parent of a juvenile detained by the [INS] can be located, and is otherwise suitable to receive custody of the juvenile, and the j......
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1 books & journal articles
  • Are unaccompanied alien children really getting a fair trial? An overview of asylum law and children.
    • United States
    • Denver Journal of International Law and Policy Vol. 33 Nbr. 4, September 2005
    • September 22, 2005
    ...[section] 236.3(d) (2005). (236.) 8 C.F.R. [section] 236.3(e)-(h) (2005). (237.) 63 Fed. Reg. 39,759, 39,761-39,762 (1998); see generally 8 C.F.R. 236.3 (238.) 63 Fed. Reg. 39,759, 39,761 (1998); see generally 8 C.F.R. 236.3 (2005). (239.) PROTECTING THE RIGHTS OF CHILDREN, supra note 1. (2......

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