Help Line: 833-PLG-HELP   |   Nassau: 516-873-8783   |   Suffolk: 631-673-1000
Help Line: 833-PLG-HELP   |   Nassau: 516-873-8783   |   Suffolk: 631-673-1000

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Children Rearrested After Previous Release By ORR

| Nov 27, 2017 | Uncategorized

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Recently the U.S. District Judge, Vince Chhabria of Northern California, certified and issued a preliminary injunction ordering hearings for children who are rearrested after having previously been released by ORR (Office of Refugee Resettlement) to sponsors. It’s important to keep up-to-date with any changes in immigration so you can stay alert and aware of how to protect yourself if you are in a situation like this or fear being in a situation like this.
This is affecting children in ORR custody who have come to the United States as unaccompanied minors. It is also affecting individuals who were previously detained in ORR custody but then were released by ORR. These individuals have been or will be rearrested by DHS (United States Department of Homeland Security). This is on the basis of a removability warrant on or after April 1st of 2017 due to allegations of gang affiliation.
The children who are in custody must have a hearing by November 29th of 2017. If there are any new arrests, the children have to have a hearing within seven days of the arrest. The procedure requires the sponsor and the child to receive notice of the reason for rearrest as well as an opportunity to be heard. The parties may call any necessary witnesses. The hearing must take place in jurisdiction of arrest or where the minor lives.
This process will have to prove that this child is a danger or flight risk. If there is no proof, then the child can be re-released to the sponsor. Conclusory allegations of gang affiliation are not sufficient to establish risk of flight or danger. These allegations must be carefully scrutinized in court. An individual’s conduct, clothing, or associations are not evidence of gang affiliation.
If you are in need of an immigration lawyer to represent you in court, do not hesitate to call Palacios Law Group