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CHAVEZ v. McFADDEN

No. 437PA18.

843 S.E.2d 139 (2020)

Carlos CHAVEZ and Luis Lopez, Petitioners, v. Gary MCFADDEN, Sheriff, Mecklenburg County, Respondent.

Supreme Court of North Carolina.

Filed June 5, 2020.

Attorney(s) appearing for the Case

Goodman Carr, PLLC, by Rob Heroy , Charlotte, and Sejal Zota , for petitioners-appellants.

Womble Bond Dickinson (US) LLP, Charlotte, by Sean F. Perrin , for respondent-appellee.

Deborah M. Weissman , Chapel Hill, for Law Scholars and National Immigrant Justice Center, amici curiae.

Raul A. Pinto , for North Carolina Justice Center, amicus curiae.

Irena Como , Katrina Braun , Omar Jadwat , Cody Wofsy , Daniel Galindo , and Spencer Amdur , for American Civil Liberties Union Foundation (ACLU) and ACLU of North Carolina, et al., amici curiae.

Joshua S. Press and Gill P. Beck , for United States Department of Justice, amicus curiae.

The question before us in this case is whether state judicial officials acting in counties in which the Sheriff has entered into a 287(g) agreement with the federal government have the authority to grant applications for the issuance of writs of habeas corpus for and to order the release of individuals held pursuant to immigration...

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