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HAMDI EX REL. HAMDI v. NAPOLITANO

No. 09-3285.

620 F.3d 615 (2010)

Youseff HAMDI, on behalf of Sami HAMDI, a minor child, Plaintiff-Appellant, v. Janet NAPOLITANO, in her official capacity as Secretary of Homeland Security; District Director, Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 7, 2010.

Attorney(s) appearing for the Case

ARGUED: George A. Katchmer, Jr., Yellow Springs, Ohio, for Appellant. Samuel P. Go, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellees. ON BRIEF: George A. Katchmer, Jr., Yellow Springs, Ohio, for Appellant. Samuel P. Go, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellees.

MOORE, J., delivered the opinion of the court, in which MERRITT, J., joined. GIBBONS, J. (pp. 629-30), delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Sami Hamdi, the minor child of an undocumented immigrant, filed a complaint under the Declaratory Judgment Act ("DJA"), 28 U.S.C. § 2201, and the Administrative Procedure Act ("APA"), 5 U.S.C. § 702, to prohibit the Department of Homeland Security ("DHS") from removing his mother on the ground that the mother's removal violated his own constitutional rights as an American citizen. Hamdi is severely disabled...

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