Areli Vega REYNA, AS NEXT FRIEND OF J.F.G., K.G., J.D.V. and J.D.V., all minor children; Macario Diaz Morales; Karen Vitela, as next friend of M.V.R.C., a minor; Humberto Ramos Raygoza; Adela Mejia, as next friend of K.D.R.M., a minor, Plaintiffs-Appellants,
v.
Russell HOTT, in his official capacity as Director of the Immigration and Customs Enforcement Virginia Field Office; Ronald D. Vitiello, in his official capacity as Acting Director of the Department of Homeland Security; Elaine C. Duke, in her official capacity as Acting Secretary of the Department of Homeland Security, Defendants-Appellees.
Jack P. Shonkoff, M.D.; James A. Coan, Ph.D.; J.H. Pate Skene, J.D., Ph.D.; Linda C. Mayes, M.D.; Joseph Woolston, M.D.; American Academy of Child and Adolescent Psychiatry; American Psychoanalytic Association; Capital Area Immigrants' Rights Coalition, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 12, 2018.
Decided: April 16, 2019.
Attorney(s) appearing for the Case
ARGUED: Nicholas Richard Klaiber , Richmond, Virginia, for Appellants. Julian Michael Kurz , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Simon Y. Sandoval-Moshenberg , Rebecca R. Wolozin , Falls Church, Virginia, Angela Adair Ciolfi , LEGAL AID JUSTICE CENTER, Charlottesville, Virginia, for Appellants. Joseph H. Hunt , Assistant Attorney General, William C. Peachey , Director, Jeffrey S. Robins , Assistant Director, District Court Section, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Erik W. Snapp , Christopher S. Burrichter , Chicago, Illinois, G. Eric Brunstad, Jr., DECHERT LLP, Hartford, Connecticut, for Amici Jack P. Shonkoff, M.D., James A. Coan, Ph.D., J.H. Pate Skene, J.D., Ph.D., Linda C. Mayes, M.D., Joseph Woolston, M.D., the American Academy of Child and Adolescent Psychiatry, and the American Psychoanalytic Association. Adina Appelbaum , Claudia Cubas, David Laing, CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, Washington, D.C., for Amicus Capital Area Immigrants' Rights Coalition.
Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Floyd and Judge Richardson joined.
NIEMEYER, Circuit Judge:
Macario Diaz Morales and Humberto Ramos Raygoza, who are both aliens, were arrested and detained in Farmville, Virginia, by Immigration and Customs Enforcement ("ICE") under 8 U.S.C. § 1226(a), pending removal for being in the United States without inspection or admission. They, along with their children, commenced...
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