FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EDWIN OMAR FLORES No. 18-35460 TEJADA; GERMAN VENTURA HERNANDEZ, on behalf of D.C. No. themselves as individuals and 2:16-cv-01454-JLR on behalf of others similarly situated *, Petitioners-Appellees, OPINION v. ELIZABETH GODFREY, Field Office Director; WILLIAM P. BARR, Attorney General; MATTHEW T. ALBENCE, Acting Director of U.S. Immigration and Customs Enforcement; LOWELL CLARK, Warden; JAMES MCHENRY, Director of Executive Office for Immigration Review; * Because the district court dismissed Arturo Martinez Baños as a named plaintiff long before the orders at issue in this case, we have removed him from the case caption. 2 FLORES TEJADA V. GODFREY CHAD WOLF, Acting Secretary, Department of Homeland Security, ** Respondents-Appellants. Appeal from the United States District Court for the Western District of Washington James L. Robart, District Judge, Presiding Argued and Submitted November 13, 2019 Pasadena, California Filed April 7, 2020 Before: FERDINAND F. FERNANDEZ, MILAN D. SMITH, JR., and ERIC D. MILLER, Circuit Judges. Opinion by Judge Milan D. Smith, Jr.; Partial Concurrence and Partial Dissent by Judge Fernandez ** Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Chad Wolf is automatically substituted as the Acting Secretary of the U.S. Department of Homeland Security and Matthew T. Albence is automatically substituted as the Acting Director of U.S. Immigration and Customs Enforcement. FLORES TEJADA V. GODFREY 3 SUMMARY *** Immigration In an action where Plaintiffs—who represent a certified class of aliens with final removal orders who are placed in withholding-only removal proceedings, and who are detained pursuant to 8 U.S.C. § 1231(a)(6) in the Western District of Washington—challenged their detention, the panel: 1) affirmed the district court’s judgment and permanent injunction insofar as they require the Government to provide each class member detained for six months or longer with a bond hearing before an immigration judge where the burden is on the Government to justify continued detention; 2) reversed and vacated with respect to the requirement that the Government provide class members with additional bond hearings every six months; and 3) reversed and vacated the partial judgment for the Government on Plaintiffs’ due process claims, and remanded. The district court granted partial summary judgment for Plaintiffs and the class on their statutory claims and, for that reason, granted partial summary judgment for the Government on Plaintiffs’ due process claims. The court’s permanent injunction requires three things: 1) based on Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011) (Diouf II), the Government must provide a class member detained for six months or longer with a bond hearing before an IJ when the class member’s release or removal is not imminent; *** 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 FLORES TEJADA V. GODFREY 2) based on Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011), the Government must justify a class member’s continued detention by clear and convincing evidence showing that the alien is a ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals