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SINGH v. HOLDER

No. 10-15715.

638 F.3d 1196 (2011)

Vijendra Kumar SINGH, an individual, Petitioner-Appellant, v. Eric H. HOLDER, Jr., in his official capacity as Attorney General of the United States; Janet Napolitano, in her official capacity as Secretary of the Department of Homeland Security; Timothy Aitken, in his official capacity as San Francisco Field Office Director of U.S. Immigration and Customs Enforcement, Detention and Removal; and Donny Youngblood, in his official capacity as Sheriff of Kern County Sheriff's Department and Lerdo Detention Facility, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2011.

Attorney(s) appearing for the Case

Holly S. Cooper , Kelly Martin and Scott Grzenczyk (argued), U.C. Davis Immigration Law Clinic, Davis, CA, for appellant.

Joseph P. Russoniello , United States Attorney, Joann Swanson , Chief, Civil Division, Ila C. Deiss , Assistant United States Attorney, San Francisco, CA, and William H. Orrick, III (argued), U.S. Department of Justice, Washington, D.C., for appellee.

Judy Rabinovitz , for amicus curiae ACLU Foundation Immigrant's Rights Project, New York, New York, Ahilan T. Arulanantham (argued), for amicus curiae ACLU Foundation of Southern California, Los Angeles, CA, and Jayashri Srikantiah , for amicus curiae Stanford Law School Immigrants' Rights Clinic, Stanford, CA.

Before: SUSAN P. GRABER, RAYMOND C. FISHER and JAY S. BYBEE, Circuit Judges.

OPINION

FISHER, Circuit Judge:

In Casas-Castrillon v. Department of Homeland Security, 535 F.3d 942 (9th Cir.2008), we held that aliens facing prolonged detention while their petitions for review of their removal orders are pending are entitled to a bond hearing before a neutral immigration judge. In this appeal we address certain procedures that must be followed in those hearings to comport with due process. We hold...

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