In a previous post U.S. 9th Circuit Court of Appeals Rejects... we wrote that it was rare to have the dissenting opinion published. Well, we have that for you here. We have bolded many of the pertinent portions where the dissenting judge points out the obvious to those justices that apparently took the "blind" portion of the justice is blind too seriously. Take a look.
Money Quote: The combination of the current and potential restrictions placed upon Appellants and the loss of their life-long Pechanga citizenship constitutes a severe restraint on their liberty
.The majority analyzes each of these grounds separately, instead of collectively
, and determines that none amounts to a detention.
I respectfully disagree with this approach
Dissenting Opinion Jeffredo v Macarro