Argued En Banc and Submitted April 18, 1991.
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...
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