United States Ninth Circuit

Held that noncitizens who had entered the U.S. as unaccompanied minors were entitled to a prompt hearing to contest the basis for their rearrest and detention for alleged gang membership. The government contended that the minors, who had been released to a parent or sponsor after their arrival, had adequate existing procedural protections. Disagreeing, the Ninth Circuit affirmed the granting of a preliminary injunction ordering that the minors be given a prompt hearing before a neutral decisionmaker to challenge the gang allegations.

Appellate Information

• Published 2018/10/01

Judges

• Hurwitz

Court

• United States Ninth Circuit

Counsel