Legal Opinion · Dissent

Flores ex rel. Galvez-Maldonado v. Meese

Court of Appeals for the Ninth Circuit

Decided August 9, 1991No. 88-6249Published

1DissentWallace, Chief Judge

The facts were adequately summarized in the majority panel opinion. See Flores v. Meese, 934 F.2d 991, 993-96 (9th Cir. 1990) (Flores). I have no quarrel with the majority’s assertion that alien children allegedly in this country illegally are impacted by the regulation at issue and have a right to challenge their detention. See Maj. op. at 1358-1360. But I find much of the majority’s discussion, such as that regarding habeas corpus review, irrelevant to the crucial issues in this case, and other portions of the opinion lacking in support. I believe that the majority errs in implicitly…

2Cases cited32 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. In Re GAULTSupreme Court of the United States · 1967
  5. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989

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