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Rivas Hernandez, from Lake Elsinore in California, had been missing and was last seen in April 2024, according to a missing person flyer cited by CBS, the BBC's US news partner.
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But Dawud Burke, along with his wife Colleen and son Caleb, have argued that the summons violates their right to due process because the notice they received from the California court contained redacted information, according to Texas court transcripts included in the filings.