FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT GERARDO GONZALEZ; SIMON Nos. 20-55175 CHINIVIZYAN, 20-55252 Plaintiffs-Appellees/ Cross-Appellants, D.C. Nos. 2:12-cv-09012- v. AB-FFM 2:13-cv-04416- UNITED STATES IMMIGRATION AND AB-FFM CUSTOMS ENFORCEMENT; DAVID MARIN; DAVID C. PALMATIER; THOMAS WINKOWSKI, Defendants-Appellants/ OPINION Cross-Appellees. ∗ Appeal from the United States District Court for the Central District of California André Birotte, Jr., District Judge, Presiding Argued and Submitted July 13, 2020 Pasadena, California ∗ The United States Department of Homeland Security (DHS) identified itself as a party to these cross appeals. Although DHS objected to a subpoena in the district court, it was not, however, a defendant in the underlying case. Although Defendant United States Immigration and Customs Enforcement (ICE) is a component of DHS, DHS did not move to intervene in the district court nor in these cross appeals, and thus it is not technically a party. Accordingly, we amend the case caption to remove DHS as a Defendant-Appellant/Cross-Appellee. 2 GONZALEZ V. USICE Filed September 11, 2020 Before: MILAN D. SMITH, JR., JOHN B. OWENS, and BRIDGET S. BADE, Circuit Judges. Opinion by Judge Milan D. Smith Jr.; Dissent by Judge Bade SUMMARY ** Immigration In a class action in which the district court issued two permanent injunctions enjoining the issuance of certain immigration detainers in light of Fourth Amendment challenges, the panel: (1) affirmed the district court’s certification of a subclass, (2) reversed and vacated one injunction, (3) reversed and vacated the other injunction, and remanded for the district court to reconsider the claim related to that injunction, and (4) reversed and vacated summary judgment for the Government on a claim related to another subclass, and remanded for the district court to reconsider that claim. Gerardo Gonzalez is a citizen of the United States who has never been removable. After he was arrested on state law criminal charges, however, an Immigration and Customs Enforcement (ICE) agent ran his name through electronic databases and determined that he was removable. The ** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. GONZALEZ V. USICE 3 officer issued an immigration detainer, a form by which the Department of Homeland Security (DHS) requests, in relevant part, that a federal, state, or local law enforcement agency (LEA) temporarily detain an alien in that agency’s custody “for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by [DHS].” 8 C.F.R. § 287.7. Gonzalez represents three certified classes that include all current and future individuals who are subject to an immigration detainer issued by an ICE agent located in the Central District of California, excluding individuals with final orders of removal or who are subject to ongoing removal proceedings. The Probable Cause Subclass is further limited to persons where the detainer was issued solely on the basis of electronic database checks. The district court entered two injunctions with respect to the Probable ...
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