No. 15-56434.

828 F.3d 898 (2016)

Jenny Lisette FLORES, Plaintiff-Appellee, v. Loretta E. LYNCH, Attorney General, Attorney General of the United States; Jeh Johnson, Secretary of Homeland Security; U.S. Department of Homeland Security, and its subordinate entities; U.S. Immigration and Customs Enforcement; U.S. Customs and Border Protection, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2016.

Attorney(s) appearing for the Case

Leon Fresco (argued), Deputy Assistant Attorney General; Sarah B. Fabian , Senior Litigation Counsel; William C. Peachey , Director, District Court Section; Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division; United States Department of Justice, Office of Immigration Litigation, Washington, D.C.; for Defendants-Appellants.

Peter Anthony Schey (argued) and Carlos R. Holguin , Center for Human Rights and Constitutional Law, Los Angeles, California; T. Wayne Harman and Elena Garcia , Orrick, Herrington & Sutcliffe LLP, Los Angeles, California; for Plaintiff-Appellee.

Before: Ronald M. Gould, Michael J. Melloy, and Andrew D. Hurwitz, Circuit Judges.


In 1997, the plaintiff class ("Flores") and the government entered into a settlement agreement (the "Settlement") which "sets out nationwide policy for the detention, release, and treatment of minors in the custody of the INS." Settlement ¶ 9. The Settlement creates a presumption in favor of releasing...

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