B.R. v. GARLAND

No. 19-70386.

4 F.4th 783 (2021)

B.R., Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2021.


Attorney(s) appearing for the Case

Kristen Jackson (argued), Public Counsel, Los Angeles, California; Hayley Upshaw , San Francisco Public Defender's Office, San Francisco, California; for Petitioner.

Jennifer A. Bowen (argued), Trial Attorney; Anthony C. Payne , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Mark T. Roche , Baker & McKenzie LLP, San Francisco, California, for Amici Curiae Legal Services for Children, Children's Law Center of California, Law Foundation of Silicon Valley, and Pacific Juvenile Defender Center.

Nareeneh Sohbatian and Nimalka Wickramasekera , Winston & Strawn LLP, Los Angeles, California; Ashley A. Chung , Winston & Strawn LLP, Chicago, Illinois; for Amicus Curiae Catholic Legal Immigration Network, Inc. (Clinic).

Before: Kim McLane Wardlaw and Carlos T. Bea, Circuit Judges, and Lee H. Rosenthal, District Judge.


OPINION

As a minor, petitioner B.R. had multiple run-ins with the law and accumulated a lengthy juvenile court record with the State of California—a record that states he was born in Mexico. B.R. soon came to the attention of the Department of Homeland Security ("DHS"), which suspected he was not lawfully present...

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