Wednesday, July 5, 2017

Ninth Circuit Enforces Flores Settlement Agreement


In an opinion by Judge Stephen Reinhardt (and joined by Judges Tashima and Berzon), the U.S. Court of Appeals for the Ninth Circuit in Flores v. Sessions held that the Flores settlement agreement had not been abrogated by Congress, and that detained immigrant children continue to be protected by the agreement:  "If Congress had intended to terminate the settlement agreement in whole or in part, it would have said so."

About two years ago, the government took the position that unaccompanied immigrant children would be denied a bond hearing as required by the settlement agreement.   The UC Davis Immigration Law Clinic and Carlos Holguin of the Center for Human Rights and Constitutional Law successfully moved to enforce the settlement agreement. 


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