D.E. v. John Doe

KEITH, J. (pp. 729-33) delivered a separate opinion concurring in the judgment.

OPINION

ROGERS, Circuit Judge.

In June 2012, nineteen-year-old D.E. took a wrong turn on his way to summer camp. Instead of arriving at the camp in Michigan, he inadvertently ended up at the international border with Canada. When he told the toll-booth operator of his mistake, the operator directed him to turn around without crossing the border and to merge into a lane of traffic containing motorists arriving from Canada. That lane of traffic funneled D.E. to a Customs and Border Protection (“CBP”) inspection booth.…