Beltran v. Cardall

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Petitioner challenged the denial of her petition for a writ of habeas corpus, seeking relief as next friend of R.M.B., her minor son. R.M.B., a native of Guatemala, is being held as an unaccompanied alien child (a UAC) by the Office of Refugee Resettlement, an agency of DHHS. The court could not say that R.M.B.’s detention is based on an erroneous application or interpretation of the UAC definition where the Office found, after conducting a home study and gathering other evidence, that petitioner was incapable of providing for R.M.B.’s physical and mental well-being. The court rejected petitioner's contention that the Office lacks authority to detain R.M.B. now that his immigration proceedings have terminated. Even after R.M.B.'s immigration proceedings concluded, the Office was not entitled to release him to anyone unless it first determined that the proposed custodian was capable of providing for his physical and mental well-being. The court rejected petitioner's substantive due process claim, concluding that the Office's determination suffices to address any substantive due process concerns and renders inapposite those decisions involving challenges to state interference with control of children by fit parents. The court concluded, however, that the district court, in denying petitioner's procedural due process claim, did not utilize the proper Mathews v. Eldridge framework. Accordingly, the court affirmed in part, vacated in part, and remanded. View "Beltran v. Cardall" on Justia Law