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FLORES v. BARR

No. 20-55951.

977 F.3d 742 (2020)

Jenny Lisette FLORES, Plaintiff-Appellee, v. William P. BARR, Attorney General; Chad F. Wolf; U.S. Department of Homeland Security; U.S. Immigration and Customs Enforcement; U.S. Customs and Border Protection, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2020.

Attorney(s) appearing for the Case

Jeffrey Bossert Clark , Acting Assistant Attorney General; Scott G. Stewart , Deputy Assistant Attorney General; August E. Flentje , Special Counsel to the Assistant Attorney General; William C. Peachey , Director; William C. Silvis , Assistant Director; Sarah B. Fabian and Nicole N. Murley , Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Carlos R. Holguin , Center for Human Rights & Constitutional Law, Los Angeles, California; Leecia Welch , Neha Desai , Poonam Juneja , Freya Pitts , and Melissa Adamson , National Center for Youth Law, Oakland, California; for Plaintiff-Appellee.

Before: William A. Fletcher, Marsha S. Berzon, and Milan D. Smith, Circuit Judges.

ORDER

The district court issued two orders precluding the Department of Homeland Security ("DHS") from detaining certain minors in hotels for more than a few days in the process of expelling them from the United States. Addressing the government's emergency motion for a stay, we conclude that the government is unlikely to succeed on the merits of its appeal, as we likely do not have jurisdiction over the appeal. The government also has not established that it would...

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