FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ILSA SARAVIA, as next friend for No. 18-15114 A.H., a minor, and on her own behalf; LORENZA GOMEZ, as next D.C. No. friend for A.H., a minor, and on her 3:17-cv-03615- own behalf; WILFREDO VELASQUEZ, VC as next friend for F.E., a minor, and on his own behalf, Plaintiffs-Appellees, OPINION v. JEFFERSON B. SESSIONS III, Attorney General; JAMES MCHENRY, Acting Director of the United States Executive Office for Immigration Review; THOMAS E. PRICE, Secretary of the Department of Health and Human Services of the United States; STEVEN WAGNER, Acting Assistant Secretary of the Administration for Children and Families; SCOTT LLOYD, Director of the Office of Refugee Resettlement of the United States; ELICIA SMITH, Federal Field Specialist of the Office of Refugee Resettlement of the United States; ELAINE C. DUKE, Acting Secretary of the Department of Homeland Security of the United 2 SARAVIA V. SESSIONS States; THOMAS HOMAN, Acting Director of U.S. Immigration and Customs Enforcement; James McCament, Acting Director of U.S. Citizenship and Immigration Services, Defendants-Appellants. Appeal from the United States District Court for the Northern District of California Vince Chhabria, District Judge, Presiding Argued and Submitted July 13, 2018 San Francisco, California Filed October 1, 2018 Before: Michael Daly Hawkins, Carlos T. Bea, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Hurwitz SARAVIA V. SESSIONS 3 SUMMARY * Immigration In an action arising from Immigration and Customs Enforcement’s rearrest and detention of noncitizens who came to this country as unaccompanied minors, the panel affirmed the district court’s grant of a preliminary injunction, requiring a prompt hearing before a neutral decisionmaker at which the minors could contest the basis for their rearrest. The plaintiffs are noncitizen minors who entered the United States unaccompanied by a parent or guardian and were placed in the custody of the United States Office of Refugee Resettlement (“ORR”). ORR subsequently released the minors to a parent or sponsor after concluding that each minor was not dangerous to himself or the community nor a flight risk. However, in 2017, Immigration and Customs Enforcement arrested plaintiffs because of alleged gang membership and transferred them to secure juvenile detention facilities. After plaintiff A.H. filed this putative class action, the district court provisionally certified a class of certain noncitizen minors and granted a preliminary injunction, requiring a prompt hearing before a neutral decisionmaker at which the minors could contest the gang allegations. * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. 4 SARAVIA V. SESSIONS The panel held that the district court did not abuse its discretion in granting the preliminary injunction, rejecting the government’s contention that the relief ordered conflicts with the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (“TVPRA”). The panel concluded that the preliminary injunction is entirely consistent with the TVPRA’s mandate that ORR place unaccompanied children in the least restrictive setting that is in the ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals