Habeas, Immigration
Where petitioner alleges detention in violation of Constitution and statutes, federal courts have subject matter jurisdiction over Habeas petition on behalf of alien minor -- not a prohibited review of administrative determinations.
Determination that a minor is an unaccompanied alien child for purposes of the statute is a fact-intensive question, agency determination prevails.
As the specific controls the general, a statute authorizing detention and barring release to parent found inappropriate must be construed to bar inappropriate release even after the pendency of authorized detention.
Administrative decision that release to parent is inappropriate satisfies substantive DP.
Where a parent is seeking custody of child, procedural due process implies more than substantive due process inquiry -- full notice, appeal & Matthews v. Eldrige balancing implied.
Dissent:
Error as a matter of law to say that the statute allows gov't to determine that minor is "unaccompanied" if parent determined to be inappropriate.
Dora Beltran v. Brent Cardall
