|The Aleman Gonzalez Preliminary Injunction Remains Active in the Ninth Circuit and Prolonged Detention Hearings Must Still be Provided to Class Members|
|July 19, 2021|
Following the Supreme Court’s decision in Johnson v. Guzman Chavez, the Aleman Gonzalez litigation team received inquiries from practitioners as to the status of the preliminary injunction ordered by the court on June 5, 2018, and later clarified on July 20, 2018. The Aleman injunction remains intact and is the law throughout the Ninth Circuit. After 180 days in custody, the government must still provide an individualized bond hearing to noncitizens who are subject to final administrative orders of removal, are held in detention under INA § 241(a)(6), and who have live claims pending before an administrative or judicial adjudicative body. Noncitizens who fit that criteria are entitled to release from custody unless the government establishes, by clear and convincing evidence, that they are a flight risk or a danger to the community.
Determining whether someone is a class member can often be tricky, and the class is not limited to individuals in withholding-only proceedings. Below are examples of individuals who fall within the class:
The Aleman Gonzalez litigation team encourages you to reach out to our office if you are unsure as to whether an individual falls within the class definition.
Finally, if you find that an Immigration Judge or the Department of Homeland Security argues or concludes that a class member (or someone whom you believe is a class member) is not entitled to a prolonged detention hearing under the Aleman injunction, please contact our office. We are very interested to learn about your experiences in the various immigration courts throughout the Ninth Circuit, as that information will enable us to determine how best to ensure that class members’ rights under the injunction are satisfied. Any intel would be extremely helpful, especially as the detention numbers start to rise again.
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