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scalia
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rehnquist
white
kennedy
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thomas
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filed
concurring
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souter
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post
stevens
filed
dissenting
opinion
blackmun
joined
post
deputy
solicitor
general
mahoney
argued
cause
petitioners
briefs
solicitor
general
starr
assistant
attorney
general
gerson
ronald
mann
michael
jay
singer
john
hoyle
carlos
holguin
argued
cause
respondents
brief
peter
schey
paul
hoffman
mark
rosenbaum
james
morales
alice
bussiere
lucas
guttentag
john
powell
justice
scalia
delivered
opinion
past
decade
immigration
naturalization
service
ins
service
arrested
increasing
numbers
alien
juveniles
accompanied
parents
related
adults
respondents
class
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juveniles
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held
ins
custody
pending
deportation
hearings
contend
constitution
immigration
laws
require
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congress
given
attorney
general
broad
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whether
terms
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pending
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board
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post
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patel
cf
ins
national
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juvenile
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ins
arrests
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organizations
responding
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flow
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aliens
california
ins
western
regional
office
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policy
limiting
release
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minors
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responsible
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agrees
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responsible
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flores
meese
quoting
policy
vacated
en
banc
july
following
year
four
respondents
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action
district
central
district
california
behalf
class
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age
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international
law
grounds
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five
challenging
conditions
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detention
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persons
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cfr
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district
director
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department
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memorandum
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retention
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unconstitutional
infliction
punishment
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trial
see
salerno
supra
wong
wing
whatever
conditions
might
litigation
began
least
western
region
members
respondents
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held
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hardwick
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freedom
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said
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schall
custody
parent
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fails
government
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presumably
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state
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abandoned
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federal
courts
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orphanages
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care
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cf
ankenbrandt
richards
unaware
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aside
courts
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child
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ranked
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supra
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snyder
massachusetts
juvenile
available
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intend
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decent
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kramer
punitive
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supra
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become
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venerable
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two
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quilloin
walcott
similarly
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legal
standard
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schall
supra
constitutionally
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require
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juveniles
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visitors
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branches
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mathews
diaz
ver
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legislative
power
congress
complete
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bell
quoting
oceanic
steam
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stranahan
thus
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regularly
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citizens
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respondents
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carlson
landon
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enacting
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congress
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pending
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determination
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general
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carlson
landon
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course
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regulation
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amendment
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releasing
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guardians
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citations
emphasis
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marks
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case
involves
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pose
risk
flight
threat
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others
children
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third
parties
available
receive
care
many
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little
difference
juveniles
unlike
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always
form
custody
detention
institution
pursuant
regulation
vastly
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release
responsible
person
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cousin
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charitable
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time
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otherwise
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parole
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custody
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liberty
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offenders
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children
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risk
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threat
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period
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one
year
statement
policy
governing
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contracts
private
institutions
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legal
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minors
ins
stated
duration
confinement
anticipated
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days
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variables
uncertainties
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ecipients
must
design
programs
able
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care
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care
agreement
ins
rule
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time
limit
period
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statutory
right
seek
writ
habeas
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basis
conclusive
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attorney
general
processing
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proceeding
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facts
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examples
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period
confinement
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fact
excessive
delay
may
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glosses
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litigation
history
speaks
mountains
bona
fides
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asserted
justification
regulation
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complete
lack
support
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experience
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contention
detaining
alien
juveniles
responsible
parties
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care
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interests
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filed
class
action
response
policy
change
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western
regional
office
ins
prior
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policy
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region
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practice
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ins
rest
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also
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federal
magistrates
throughout
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administration
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justice
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number
recommended
standards
treatment
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statute
authorizes
release
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charged
offense
parents
guardian
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responsible
party
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limited
director
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care
facility
upon
promise
bring
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requested
unless
magistrate
determines
hearing
juvenile
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counsel
detention
juvenile
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timely
appearance
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safety
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emphasis
added
evidence
record
litigation
release
ins
federal
magistrate
responsible
party
ever
resulted
harm
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thus
nationwide
experience
prior
discloses
evidence
demonstrated
need
change
ins
policy
nevertheless
western
region
ins
adopted
separate
policy
minors
deportation
proceedings
exclusion
proceedings
policy
provided
minors
released
parent
lawful
guardian
except
unusual
extraordinary
cases
discretion
district
director
chief
patrol
agent
flores
meese
regional
commissioner
explained
policy
necessary
assure
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welfare
safety
sic
maintained
agency
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legal
liability
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ins
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evidence
need
policy
change
reason
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fides
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time
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rational
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mention
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may
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beneficial
whatever
rhetoric
may
signify
seems
clear
explain
text
detention
insufficient
reason
without
adequate
procedural
safeguards
deprivation
liberty
without
due
process
law
objecting
statement
see
ante
majority
mischaracterizes
issue
presented
case
explained
see
supra
ins
course
favor
release
juvenile
parent
close
relative
release
unrelated
adult
ins
view
prefer
detention
release
responsible
adult
proposition
hardly
revolutionize
family
law
course
one
notable
exception
long
line
cases
korematsu
upheld
exclusion
particular
military
areas
persons
japanese
ancestry
without
determination
whether
particular
individual
actually
posed
threat
sabotage
espionage
today
cite
case
holding
korematsu
obviously
supports
majority
analysis
approved
serious
infringement
individual
liberty
without
requiring
determination
whether
infringement
fact
necessary
effect
government
compelling
interest
national
security
understand
majority
reluctance
rely
korematsu
exigencies
war
thought
justify
categorical
deprivation
liberty
course
implicated
case
importantly
recent
congressional
decision
pay
reparations
detained
period
see
restitution
world
war
ii
internment
japanese
americans
aleuts
stat
suggests
proceed
extreme
caution
asked
permit
detention
juveniles
government
failed
inquire
whether
given
case
detention
actually
serves
government
interest
protecting
interests
children
custody
course
even
factual
matter
ins
reliance
asserted
inability
conduct
home
studies
lack
resources
expertise
justification
wholesale
detention
policy
unpersuasive
perfectly
clear
costs
detention
far
exceed
cost
kinds
inquiry
necessary
appropriate
temporary
release
determinations
see
supra
moreover
nothing
less
perverse
attorney
general
releases
juvenile
citizens
custody
responsible
adults
without
elaborate
home
studies
allegedly
necessary
safeguard
juvenile
interests
deems
studies
necessary
releasing
noncitizens
custody
responsible
adults