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FLORES v. BARR

No. 17-56297.

934 F.3d 910 (2019)

Jenny Lisette FLORES, et al., Plaintiffs-Appellees, v. William P. BARR, Attorney General; Kevin K. McAleenan, Acting Secretary of Homeland Security; U.S. Department of Homeland Security; U.S. Immigration and Customs Enforcement; U.S. Customs and Border Protection, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2019.

Attorney(s) appearing for the Case

Sarah Fabian (argued), Senior Litigation Counsel; William C. Silvis , Assistant Director, District Court Section; William C. Peachey , Director, District Court Section; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Peter Anthony Schey (argued) and Carlos R. Holguin , Center for Human Rights and Constitutional Law, Los Angeles, California; Elena Garcia , Orrick Herrington & Sutcliffe LLP, Los Angeles, California; Michael S. Sorgen , La Raza Centro Legal Inc., San Francisco, California; Jennifer Kelleher Cloyd , Katherine H. Manning , and Annette Kirkham , The Law Foundation of Silicon Valley Legal Advocates for Children and Youth Public Interest Law Firm, San Jose, California; for Plaintiff-Appellee.

Before: A. Wallace Tashima, William A. Fletcher, and Marsha S. Berzon, Circuit Judges.

OPINION

In 1997, the United States entered into a settlement with a class of minors subject to detention by U.S. immigration authorities ("Plaintiffs"). The settlement agreement, incorporated into a consent decree, requires immigration agencies to hold such minors in their custody "in facilities that are safe and...

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