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MENDOZA-LINARES v. GARLAND

No. 20-71582.

51 F.4th 1146 (2022)

Hever Alberto MENDOZA-LINARES, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2022.

Attorney(s) appearing for the Case

Brian C. Baran (argued), Reichman Jorgensen Lehman & Feldberg LLP, Washington, D.C.; Kate Falkenstien , Reichman Jorgensen Lehman & Feldberg LLP, Redwood Shores, California; for Petitioner.

Aric A. Anderson (argued), Trial Attorney; Holly M. Smith , Assistant Director; Brian Boynton , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice; for Respondent.

Dissent by Judge Graber.

OPINION

Petitioner Hever Alberto Mendoza-Linares, a citizen of El Salvador, jumped the border fence near Tecate, California and was immediately apprehended by U.S. authorities. He had no previous ties to the United States and, indeed, had never been to this country before. He was immediately placed into expedited...

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