A three-judge panel of the
U.S. Ninth Circuit Court of Appeals
has held unanimously that minor children who enter the U.S. without permission
are entitled to a court hearing to determine whether they should be released.
According to the court, federal immigration authorities are still bound
by the 1997 lawsuit settlement in
Flores v. Janet Reno, which established a right to a court hearing for minor immigrants, as
well as a policy encouraging authorities to release them from detention. The
Flores
settlement provided that minor immigrants who were detained by immigration
authorities without a parent present had certain rights that the government
must respect. These rights included the right to a bond hearing, the right
to be given the government’s evidence against them, and the right
to a lawyer. The lawsuit stemmed from the practices of federal immigration
authorities, who were detaining minors for months at a time with no opportunity
to be released, even when a parent was seeking the release of a child.
The federal government argued that the two laws passed by Congress after
the 1997 settlement, which specifically addressed unaccompanied minor
immigrants, superceded and replaced the settlement agreement. According
to the government, these laws removed the minor immigrants’ rights
to a bond hearing. The Court, however, disagreed, finding that the basic
provisions of the 1997
Flores
settlement were still in full force and effect. The Ninth Circuit ruling
upheld the decision of U.S. District Court Judge Dolly Gee, who is based
in Los Angeles, California. At
Landerholm Immigration, A.P.C., we are actively watching the new administration’s policies regarding
deportation as they continue to develop, as well as the continued use
of the SIJ program. Whether the administration continues its current crackdown
or not, we are dedicated to protecting the rights of detained noncitizens
and working toward their release from detention. We know how to evaluate
your case, explore your options, and provide you with the strongest defense
against removal possible. Contact your
California deportation defense attorneys
today and set up an appointment to speak with our legal team.
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