ALLI v. DECKER

No. 10-2297.

650 F.3d 1007 (2011)

Alexander ALLI; Elliot Grenade, on behalf of themselves and all others similarly situated, Appellants v. Thomas DECKER, Field Office Director, Immigration & Customs Enforcement, U.S. Department of Homeland Security, in his official capacity and his successors and assigns; Janet Napolitano, Secretary of Homeland Security, in her official capacity and her successors and assigns; Eric H. Holder, Jr., U.S. Attorney General, in his official capacity and his successors and assigns; Mary Sabol, Prison Warden, York County Prison Facility, in her official capacity and her successors and assigns; John P. Torres, in his official capacity as Acting Assistant Secretary of U.S. Immigration and Customs Enforcement; William Campbell, in his official capacity as Warden, Columbia County Prison, Bloomsberg, Pennsylvania; Janine Donate, in her official capacity as Warden, Lackawanna County Prison, Scranton, Pennsylvania; William F. Juracka, in his official capacity as Warden, Carbon County Correctional Facility, Nesquehonin, Pennsylvania; Craig A. Lowe, in his official capacity as Warden, Pike County Correctional Facility, Lords Valley, Pennsylvania; Ruth Rush, in her official capacity as Warden, Snyder County Prison, Selinsgrove, Pennsylvania; Michael Zenk, in his official capacity as Warden, CI Moshannon Valley Correctional Institution, Philipsburg, Pennsylvania; Jerry C. Martinez, in his official capacity as Warden, FCI Allenwood (Low), Allenwood, Pennsylvania; David Ebbert, in his official capacity as Warden, FCI Allenwood (Medium), Allenwood, Pennsylvania; R. Martinez, in his official capacity as Warden, FCI Allenwood (High), Allenwood, Pennsylvania; Thomas V. Duran, in his official capacity as Warden, Clinton County Correctional Facility, McElhattan, Pennsylvania.

United States Court of Appeals, Third Circuit.

Opinion filed: June 21, 2011.


Attorney(s) appearing for the Case

Judy Rabinovitz , (argued), Michael Tan (argued), American Civil Liberties Union Foundation, New York, NY, Thomas B. Schmidt, III , Pepper Hamilton, Harrisburg, PA, for Appellants.

Theodore W. Atkinson (argued), Nicole Prairie (argued), United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Appellees.

Craig Shagin , The Shagin Law Group, LLC, Harrisburg, PA, for Amicus Appellant Pennsylvania Immigration Resource Center and Legal Aid Society.

Before: FUENTES and CHAGARES, Circuit Judges, POLLAK, District Judge.


OPINION OF THE COURT

POLLAK, District Judge.

Appellants in this case seek to represent a putative class of aliens who are detained, pursuant to 8 U.S.C. § 1226(c), pending their removal proceedings. The class complaint, filed in the United States District Court for the Middle District of Pennsylvania, sought a declaratory judgment that the continued detention of the class members, without bond hearings, violates the Immigration and Nationality Act ...

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