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ECHAVARRIA v. PITTS

No. 10-41274.

641 F.3d 92 (2011)

Adriana ECHAVARRIA, in their own name and right, and on behalf of all others similarly situated; Juan Larin-Ulloa, Plaintiffs-Appellees, v. Michael J. PITTS, District Director for Interior Enforcement, Department of Homeland Security; Janet Napolitano, Secretary, Department of Homeland Security, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Revised June 21, 2011.

Attorney(s) appearing for the Case

Elisabeth S. Brodyaga (argued), San Benito, TX, for Plaintiffs-Appellees.

Stacey Ilene Young , Trial Atty. (argued), U.S. Dept. of Justice, OIL, DCS, Washington, DC, for Defendants-Appellants.

Before SMITH, DeMOSS and OWEN, Circuit Judges.

DeMOSS, Circuit Judge:

This appeal asks us to consider whether, in order to satisfy due process, the government must take additional reasonable steps to notify a bond obligor that the bond has been breached when the government has knowledge that the initial attempt at notice failed. We hold that in such circumstances additional reasonable steps must be taken.

I.

When an alien has been detained by the Department of Homeland Security (DHS), an obligor...

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