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D.B. v. CARDALL

No. 15-1993.

826 F.3d 721 (2016)

D.B., as next friend of R.M.B., a minor, Petitioner-Appellant, v. Brent CARDALL, Chief Probation Officer, Yolo County Juvenile Detention Facility; Robert Carey, Director, Office of Refugee Resettlement, U.S. Department of Health and Human Services, in his official capacity; Sylvia Mathews Burwell, Secretary, Department of Health and Human Services, in her official capacity, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2016.

Attorney(s) appearing for the Case

ARGUED: Susan Leigh Watson , Texas Riogrande Legal Aid, Inc., Nashville, Tennessee, for Appellant. Katherine Elizabeth Mallo Goettel , United States Department of Justice, Chicago, Illinois, for Appellees. ON BRIEF: Catherine Norris , Texas Riogrande Legal Aid, Inc., San Antonio, Texas; Simon Sandoval-Moshenberg , Legal Aid Justice Center, Falls Church, Virginia, for Appellant. Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Leon Fresco , Deputy Assistant Attorney General, Civil Division, William C. Peachey , Director, Elizabeth J. Stevens , Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C.; Dana J. Boente , United States Attorney, Dennis Barghaan , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge King wrote the majority opinion, in which Judge Agee joined. Judge Floyd wrote a dissenting opinion.

Dora Beltrán — also referred to as D.B. — appeals the district court's denial of her petition for a writ of habeas corpus, seeking relief as next friend of R.M.B., her minor son. R.M.B., a native of Guatemala, is being held as an unaccompanied alien child (a "UAC") by the Office of Refugee Resettlement (the...

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