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RODRIGUEZ v. ROBBINS

No. 12-56734.

715 F.3d 1127 (2013)

Alejandro RODRIGUEZ; Abdirizak Aden Farah; Jose Farias Cornejo; Yussuf Abdikadir; Abel Perez Ruelas, for themselves and on behalf of a class of similarly-situated individuals, Petitioners-Appellees, and Efren Orozco, Petitioner, v. Timothy ROBBINS, Field Office Director, Los Angeles District, Immigration and Customs Enforcement; Janet Napolitano, Secretary, Homeland Security; Eric H. Holder, Jr., Attorney General; Wesley Lee, Assistant Field Office Director, Immigration and Customs Enforcement; Rodney Penner, Captain, Mira Loma Detention Center; Sandra Hutchens, Sheriff of Orange County; Officer Nguyen, Officer-in-Charge, Theo Lacy Facility; Captain Davis Nighswonger, Commander, Theo Lacy Facility; Captain Mike Kreuger, Operations Manager, James A. Musick Facility; Arthur Edwards, Officer-in-Charge, Santa Ana City Jail; Russell Davis, Jail Administrator, Santa Ana City Jail; Juan P. Osuna, Director, Executive Office for Immigration Review, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2013.

Attorney(s) appearing for the Case

Theodore W. Atkinson (argued), Stuart F. Delery , August Flentje , David J. Kline , United States Department of Justice, Washington, D.C., for Appellants.

Ahilan T. Arulanantham (argued), Michael Kaufman , ACLU Foundation of Southern California, Los Angeles, CA; Judy Rabinovitz and Michael Tan , ACLU Immigrants' Rights Project, New York, NY; Jayashri Srikantiah , Stanford Law School Immigrants' Rights Clinic, Stanford, CA; Sean Commons and Cody Jacobs , Sidley Austin LLP, Los Angeles, CA, for Appellees.

Angel L. Tang , Marco J. Martemucci , and Elizabeth S. St. John , Arnold & Porter LLP, Los Angeles, CA, for Amici Curiae professors and researchers of sociology, criminology, anthropology, and law.

Sarah H. Paoletti , Elizabeth Freed , and Suniti Mehta , University of Pennsylvania Law School Transnational Legal Clinic, Philadelphia, PA, for Amici Curiae international law professors and human rights clinics and clinicians.

Before KIM McLANE WARDLAW and RONALD M. GOULD, Circuit Judges, and SAM E. HADDON, District Judge.

OPINION

WARDLAW, Circuit Judge:

Alejandro Rodriguez, Abdirizak Aden Farah, Jose Farias Cornejo, Yussuf Abdikadir, and Abel Perez Ruelas ("Appellees") are the named plaintiffs representing a certified class of non-citizens who challenge their prolonged detention, pursuant to certain federal immigration statutes, without individualized bond hearings and determinations to justify their continued detention.1 The district court entered...

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