Saravia v. Sessions et al

Filing 85

ORDER RE FURTHER BRIEFING. Signed by Judge Vince Chhabria on October 30, 2017. (vclc3S, COURT STAFF) (Filed on 10/30/2017)

Case 3:17-cv-03615-VC Document 85 Filed 10/30/17 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ILSA SARAVIA, et al.,

Case No. 17-cv-03615-VC

Plaintiffs/Petitioners,
ORDER RE FURTHER BRIEFING

v.
JEFFERSON B. SESSIONS, et al.,
Defendants/Respondents.

There appears to be a reasonable argument not made by either side that the minors in this
case did not meet the definition of "unaccompanied alien child" when they were rearrested, even
if they met that definition when they entered the country and before ORR placed them with their
parents. See 6 U.S.C. § 279(g)(2); D.B. v. Cardall, 826 F.3d 721, 744 (4th Cir. 2016) (Floyd, J.
dissenting). If the minors are not "unaccompanied alien children," presumably the federal
government erred in treating them as such (that is, by rearresting them on the basis of
removability and putting them through a process administered by ORR that was designed for
minors who were not yet accompanied by a parent or legal guardian). The parties are ordered to
file supplemental briefs addressing the following questions:
(1) Why isn't the best reading of 6 U.S.C. § 279(g)(2) and 8 U.S.C. § 1232 that the
minors in this case are no longer "unaccompanied alien children"?
(2) If the minors are no longer "unaccompanied alien children," presumably they and
their families are entitled to the same process that would apply to other noncitizen minors who
are re-detained by the federal government after having been released pending removal
proceedings. Please explain the circumstances in which federal officers may re-detain an

Case 3:17-cv-03615-VC Document 85 Filed 10/30/17 Page 2 of 2

accompanied noncitizen minor after a release determination has been made and the process by
which the minor or his family can challenge that re-detention.
(3) If the court concludes that the minors are not "unaccompanied alien children,"
describe with specificity what the remedies should be in this case.
The government's supplemental brief is due by Thursday, November 2, 2017 at 9:00 a.m.
The plaintiffs/petitioners' supplemental brief is due by 11:59 p.m. on Friday, November 3, 2017.

IT IS SO ORDERED.
Dated: October 30, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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