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Family Detention Case


The Ninth Circuit held that the Flores settlement agreement applies to both minors who are accompanied and unaccompanied by their parents, and that the lower court correctly refused to amend the agreement to accommodate family detention. The court also found that the lower court erred in interpreting the agreement to provide an affirmative right to release for accompanying parents, but did not preclude such release, and explicitly made no determination about whether DHS is making otherwise appropriate and individualized release determinations for parents.

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