The following excerpt is from Flores v. Sessions, 862 F.3d 863 (9th Cir. 2017):
12 Notably, the government did not seek to modify the consent decree. Instead, the government contests the ongoing applicability of Paragraph 24A in response to the plaintiffs' motion to enforce. Cf. Flores v. Lynch, 828 F.3d at 909 (holding that the district court erred in modifying substantive rights under the agreement in the context of a motion to enforce). However, we give the government the benefit of the doubt by examining this case as if the government had made an affirmative motion to modify the consent decree.
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