Flores ex rel. Galvez-Maldonado v. Meese

SCHROEDER, Circuit Judge:

I. INTRODUCTION

This is a class action challenging an INS policy that requires governmental detention of children during the pendency of deportation proceedings. That policy is now codified at 8 C.F.R. § 242.24 (1988). Detention is required unless there is an adult relative or legal guardian available to assume custody, even where there is another responsible adult willing and able to care for the child and able to ensure the child’s attendance at a deportation hearing. The INS acknowledges that the regulation is not necessary to ensure such attendance. It does not…