J.E. F.M., a minor, by and through his Next Friend, Bob Ekblad; J. F.M., a minor, by and through his Next Friend Bob Ekblad; D.G. F.M., a minor, by and through her Next Friend, Bob Ekblad; F. L.B., a minor, by and through his Next Friend, Casey Trupin; G. D.S., a minor, by and through his mother and Next Friend, Ana Maria Ruvalcaba; M. A.M., a minor, by and through his mother and Next Friend, Rose Pedro; J.E. V.G.; A.E. G.E.; G.J. C.P., Plaintiffs-Appellees/Cross-Appellants,
v.
Loretta E. LYNCH, Attorney General; Juan P. Osuna, Director, Executive Office for Immigration Review; Jeh Johnson, Secretary, Homeland Security; Thomas S. Winkowski, Principal Deputy Assistant Secretary, U.S. Immigration and Customs Enforcement; Nathalie R. Asher, Field Office Director, ICE ERO; Kenneth Hamilton, AAFOD, ERO; Sylvia M. Burwell, Secretary, Health and Human Services; Eskinder Negash, Director, Office of Refugee Resettlement, Defendants-Appellants Cross-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 7, 2016, Seattle, Washington.
Filed September 20, 2016.
Attorney(s) appearing for the Case
Erez Reuveni (argued), Senior Litigation Counsel; Leon Fresco , Deputy Assistant Attorney General; Benjamin C. Mizer , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants/Cross-Appellees.
Marsha Chien , Assistant Attorney General; Colleen Melody , Civil Rights Unit Chief; Robert W. Ferguson , Attorney General; Office of the Attorney General, Seattle, Washington; Kamala D. Harris , Attorney General; Office of the Attorney General, Sacramento, California; for Amici Curiae States of Washington and California.
Charles G. Wentworth , The Law Office of Lofgren & Wentworth P.C., Glen Ellyn, Illinois; Charles Roth , National Immigrant Justice Center, Chicago, Illinois; for Amici Curiae National Immigrant Justice Center; American Immigration Lawyers Association; Ayuda; Capital Area Immigrants' Rights Coalition; Catholic Legal Immigration Network, Inc.; Community Legal Services in East Palo Alto; Diocesan Migrant & Refugee Services, Inc.; First Focus; Florence Immigrant and Refugee Rights Project; Hebrew Immigrant Aid Society — Pennsylvania; Human Rights Initiative of North Texas; Immigrant Defenders Law Center; Immigrant Law Center of Minnesota; National Immigration Law Center; National Justice for Our Neighbors; Pangea Legal Services; Pennsylvania Immigrant Resource Center; Puentes: Advocacy, Counseling & Education; Refugee and Immigrant Center for Education and Legal Services; the Advocates for Human Rights; Unlocal, Inc.; and U.S. Committee for Immigrants and Refugees.
Elisa S. Solomon , Covington & Burling LLP, New York, New York; Risa E. Kaufman , Human Rights Institute, Columbia Law School, New York, New York; for Amicus Curiae Human Rights Watch.
Concurrence by Judge Kleinfeld.
OPINION
McKEOWN, Circuit Judge:
This interlocutory appeal requires us to answer a single question: does a district court have jurisdiction over a claim that indigent minor immigrants without counsel have a right to government-appointed counsel in removal proceedings? Our answer to this jurisdictional query is no. We underscore that we...
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