And so it is that Donald Trump too -- has been told. All humans imbued with any sense of decency know what "safe and sanitary" must mean, as to children. Tonight, in 73 pages of a comprehensive blasting of Ms. Fabian's deplorable June arguments, the Ninth Circuit panel said exactly what we all knew they would (do read it all):
. . . .Within a few days of initial detention -- three days if a suitable detention facility “is located and has space available” or five days “in all other cases” -- the government ordinarily must choose between two options for placement of minors. The first, and preferable, option, discussed in paragraph 14 of the Agreement, is releasing the minor to a parent, legal guardian, adult relative, or another “capable and willing” designated adult. Alternatively, under paragraph 19, the minor may be placed in a facility “licensed by an appropriate State agency to provide residential, group, or foster care services for dependent children.” Licensed facilities must be “non-secure as required under state law. . . .”
Finally, the government argues that the district court erred in concluding that the Agreement prohibits the government from detaining minors in secure, unlicensed family detention centers. The district court addressed this issue directly in its July 2015 order. Although the government appealed that order, it did not on appeal challenge the district court’s holding on this issue. See Flores v. Lynch, 828 F.3d at 901. “[A] party cannot offer up successively different legal or factual theories that could have been presented in a prior request for review.” Sec. Inv’r Prot. Corp. v. Vigman, 74 F.3d 932, 937 (9th Cir. 1996). The issue belatedly raised in this appeal is not properly before us. . . .
We dismiss the appeal for lack of jurisdiction. . . .
Mr. Trump: Stop violating US law. Just. . . stop. You are holding many innocent, vulnerable asylum-seeking kids beyond 23 days, in prison-like conditions. This is plainly unlawful. Stop it.
नमस्ते
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