RODRIGUEZ v. ROBBINS

Nos. 13-56706, 13-56755.

803 F.3d 502 (2015)

Alejandro RODRIGUEZ, for himself and on behalf of a class of similarly-situated individuals; Abdirizak Aden Farah, for himself and on behalf of a class of similarly-situated individuals; Jose Farias Cornejo; Yussuf Abdikadir; Abel Perez Ruelas, Petitioners-Appellees, and Efren Orozco, Petitioner, v. Timothy ROBBINS, Field Office Director, Los Angeles District, Immigration and Customs Enforcement; Jeh Johnson, Secretary, Homeland Security; Loretta E. Lynch, 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; Nguyen, Officer, Officer-in-Charge, Theo Lacy Facility; Davis Nighswonger, Captain, Commander, Theo Lacy Facility; Mike Kreuger, Captain, 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. Alejandro Rodriguez, for himself and on behalf of a class of similarly-situated individuals; Abdirizak Aden Farah, for himself and on behalf of a class of similarly-situated individuals; Jose Farias Cornejo; Yussuf Abdikadir; Abel Perez Ruelas, Petitioners-Appellants, and Efren Orozco, Petitioner, v. Timothy Robbins, Field Office Director, Los Angeles District, Immigration and Customs Enforcement; Loretta E. Lynch, 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; Nguyen, Officer, Officer-in-Charge, Theo Lacy Facility; Davis Nighswonger, Captain, Commander, Theo Lacy Facility; Mike Kreuger, Captain, Operations Manager, James A. Musick Facility; Russell Davis, Jail Administrator, Santa Ana City Jail; Arthur Edwards, Officer-in-Charge, Santa Ana City Jail; Thomas G. Snow, Acting Director, Executive Office for Immigration Review; Jeh Johnson, secretary, Homeland Security, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

October 2, 2015.


Attorney(s) appearing for the Case

Ahilan Thevanesan Arulanantham , Michael Kaufman , ACLU Foundation of Southern California, Sean Ashley Commons, Esquire , Sidley Austin LLP, Los Angeles, CA, Judy Rabinovitz , Aclu Immigrants' Rights Project, Michael K.T. Tan , ACLU American Civil Liberties Union Foundation, New York, N.Y., Jayashri Srikantiah , Mills Legal Clinic, Stanford, CA, Cecillia D. Wang , American Civil Liberties Union Foundation, San Francisco, CA, for Petitioners-Appellees.

Theodore William Atkinson, Esquire , Trial, Nicole Prairie , Trial, Erez Reuveni , Sarah Stevens Wilson , Alisa Beth Klein , Jaynie R. Lilley , Benjamin C. Mizer , U.S. Department of Justice, Washington, DC, Robert I. Lester , Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Respondents-Appellees.

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


ORDER

We have considered both the government's and petitioners' responses to the Order to Show Cause dated August 13, 2015, and these submissions have satisfied us that no government attorney provided information to the press with the object of influencing this appeal. Rather, it appears that a U.S. Immigration and Customs Enforcement (ICE) spokesperson provided information about this case in response to an inquiry by a Los Angeles Times reporter on July...

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