Hold Departure Order Issuance Rules

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PKP MEMORANDUM ORDER NO. 66 s. 1992: Hold Departure Order Issuance Rules

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Title Source: Supreme Court: Hold Departure Order Issuance Rules

Law: Pkp Memorandum Order No. 66 S. 1992

Decision Date: Oct 14, 1992

Effective October 15, 1992, requests for Hold Departure Orders must be signed exclusively by the Director or Assistant Director of the Bureau of Immigration and Deportation, adhering to specific guidelines related to court orders and warrants.

Law Summary

Effective Date and Scope

The memorandum order became effective on 15 October 1992.
It applies to all requests for the issuance of Hold Departure Orders submitted to the Bureau of Immigration and Deportation.

Conditions Under Which an HDO May Be Issued

An HDO shall be issued only if the conditions set forth in the Immigration Hold Departure Guidelines are met.
The guidelines specify the circumstances under which an HDO can be lawfully issued.

HDO Issuance Pursuant to Court Order in Criminal or Habeas Corpus Case

An interested party must file an application with the Bureau.
The application must be accompanied by a certified true copy of either:
1. The court order directing the hold departure, or
2. The criminal information or habeas corpus petition related to the case.
This ensures judicial authority supports the HDO.

HDO Issuance Pursuant to a Standing Warrant or Order of Arrest

An interested party must also file an application supported by documents.
Required documents include:
1. A certified true copy of the criminal information.
2. The warrant or order of arrest.
3. A certification from the Clerk of Court affirming the warrant or order of arrest is still in force.
These documents validate the legal basis for restricting departure.

Compliance and Enforcement

Strict compliance with these guidelines is mandated.
The memorandum order establishes clear procedural and documentary requirements to prevent unauthorized or arbitrary issuance of Hold Departure Orders.

Adoption and Formalization

This directive was adopted on 14 October 1992.
It is formally signed and issued by Director Epimaco A. Velasco.
The order institutionalizes the procedural controls within the Bureau of Immigration and Deportation regarding the issuance of HDOs.

END