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Keywords

injunctionmotionwilldue processasylum

plaintiffinjunctionmotiondue processasylumdocket

Related Cases

W.S.R. v. Sessions

Facts

W.S.R., a 16-year-old Brazilian citizen, and his father fled Brazil due to death threats from a drug trafficker. They attempted to seek asylum at a U.S. port of entry but were told it was closed and subsequently entered the U.S. illegally. They were separated shortly after being detained by Customs and Border Patrol. Similarly, C.D.A., a 9-year-old Brazilian citizen, and his father faced threats from human traffickers and also sought asylum, only to be separated after crossing the border. Both minors were placed in custody by the Department of Health and Human Services, while their fathers were detained in New Mexico.

W.S.R. turned 16 years old last week and is a citizen of Brazil. His father is [TEXT REDACTED BY THE COURT], a former resident of Ipatinga, Minas Gerais, Brazil. In May 2018, [TEXT REDACTED BY THE COURT] and W.S.R. fled Brazil in order to request asylum in the United States.

Issue

The main legal issue was whether the separation of the minors from their fathers violated their substantive due process rights to familial association.

The first claim at issue is Plaintiffs' request to be immediately reunited with their fathers.

Rule

To prevail on a motion for a preliminary injunction, the moving party must show (1) a likelihood of success on the merits; (2) a lack of an adequate remedy at law; and (3) that irreparable harm will result if the injunction is not granted.

A preliminary injunction is 'an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.'

Analysis

The court found that the minors had a substantive due process right to familial association, which was being violated by their separation from their fathers. The court noted that the government had interfered directly and substantially with this right and that the minors were likely to succeed on the merits of their claim. The court also considered the potential harm to the minors and the public interest in ensuring family unity.

Plaintiffs allege that their continued separation from their fathers violates their substantive due process right to familial association.

Conclusion

The court granted the motion for a preliminary injunction in part, requiring the government to reunify the minors with their fathers within 72 hours, while denying other requests for relief.

For the reasons discussed below, Plaintiffs' motion for a preliminary injunction is granted in part and denied in part.

Who won?

The minors, W.S.R. and C.D.A., prevailed in part as the court ordered their reunification with their fathers, emphasizing the importance of familial association.

The government must reunify W.S.R. and C.D.A. with their respective fathers within 72 hours of the posting of this Opinion on the docket.

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