Tuesday, April 18, 2017
Right now, you can watch 9th Circuit Judges Reinhardt, Tashima and Berzon preside over oral argument in Jenny Flores v. Jefferson Sessions, III.
The issue in this case is whether unaccompanied minors in HHS detention and removal proceedings should be entitled to receive bond hearings under the Flores agreement. The district court held that the children were entitled to bond hearings. The DOJ appealed arguing that the Flores settlement agreement is inapplicable when UACs are in HHS custody.
Early on, Judge Reinhardt has a hilarious interchange with DOJ counsel Sarah Fabian. After she keeps saying "UAC" the judge pipes up to ask what the term means. After he gets an answer (unaccompanied minor child), he asks "Could we just say it? We don't always remember all the bureaucratic initials." Counsel responded by saying that UAC is a "defined term." At that point Judge Reinhardt gently chided her with "It's just three words."