The Ninth Circuit has held that unaccompanied alien minors held in the custody of the Office of Refugee Resettlement are entitled to bond hearings under the Flores settlement. The passage of subsequent legislation did not invalidate the Flores agreement's requirement for bond hearings.
As was the case under the Flores Settlement, the determinations made at these bond hearings held will not compel a child’s release. Regardless of the outcome of a bond hearing, a minor may not be released unless the agency charged with his or her care identifies a safe and appropriate placement. Immigration judges may assess whether a minor should remain detained or otherwise in the government’s custody, but there must 31 still be a separate decision with respect to the implementation of the child’s appropriate care and custody. At the time the Flores Settlement was signed, it was the INS that was charged with ensuring that a child, regardless of a bond determination, was not released to an improper custodian.17 The only meaningful difference is that today it is ORR, not INS, which is responsible for performing that function.
The full text of Flores v. Sessions can be read here: