Yolany Padilla v. Ice

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT YOLANY PADILLA; IBIS GUZMAN; No. 19-35565 BLANCA ORANTES; BALTAZAR VASQUEZ, D.C. No. Plaintiffs-Appellees, 2:18-cv-00928- MJP v. IMMIGRATION AND CUSTOMS OPINION ENFORCEMENT; U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. CUSTOMS AND BORDER PROTECTION; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; MATTHEW ALBENCE, Acting Director of ICE; CHAD WOLF, Acting Secretary of DHS; MARK MORGAN, Acting Commissioner of CBP; KEN CUCCINELLI, Senior Official Performing the Duties of the Director of USCIS; MARC J. MOORE, Seattle Field Office Director, ICE; EXECUTIVE OFFICE FOR IMMIGRATION REVIEW; WILLIAM P. BARR, Attorney General, United States Attorney General; LOWELL CLARK, Warden of the Northwest Detention Center in Tacoma, Washington; CHARLES INGRAM, 2 PADILLA V. ICE Warden of the Federal Detention Center in SeaTac, Washington; DAVID SHINN, Warden; JAMES JANECKA, Warden of the Adelanto Detention Facility, Defendants-Appellants, and U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, FKA Department of Social Services; OFFICE OF REFUGEE RESETTLEMENT; ALEX M. AZAR II, Secretary of HHS; SCOTT LLOYD, Director of ORR; MATTHEW ALBENCE, Acting Deputy Director of ICE; JOHN P. SANDERS, Acting Commissioner of CBP; ELIZABETH GODFREY, Acting Director of Seattle Field Office, ICE, Defendants. Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding Argued and Submitted October 22, 2019 San Francisco, California Filed March 27, 2020 PADILLA V. ICE 3 Before: Sidney R. Thomas, Chief Judge, and Michael Daly Hawkins and Bridget S. Bade, Circuit Judges. Opinion by Chief Judge Thomas; Dissent by Judge Bade SUMMARY* Immigration Affirming in part, and vacating and remanding in part, the district court’s preliminary injunction ordering the United States to provide bond hearings to a class of noncitizens who were detained and found to have a credible fear of persecution, the panel affirmed the injunction insofar as it concluded that plaintiffs have a due process right to bond hearings, but remanded for further findings and reconsideration with respect to the particular process due to plaintiffs. The district court certified a nationwide class of all detained asylum seekers who were subject to expedited removal proceedings, were found to have a credible fear of persecution, but were not provided a bond hearing with a record of hearing within seven days of requesting a hearing. Part A of the district court’s modified preliminary injunction provided: 1) bond hearings must take place within seven days of a class member’s request, or the member must be released; 2) the burden of proof is on the government to show why 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. 4 PADILLA V. ICE member should not be released; and 3) the government must produce recordings or verbatim transcripts of the hearings, as well as written decisions. Part B concluded that the class is constitutionally entitled to bond hearings. A motions panel of this court previously denied the government’s request to stay Part B, but granted the ...

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals