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/Cross-Appellants, 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/Cross-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Sarah H. Paoletti , University of Pennsylvania Law School Transnational Legal Clinic, Philadelphia, PA, for Amici Curiae International Law Professors and Human Rights Clinicians and Clinical Programs.
Holly Stafford Cooper , University of California Davis Law School Immigration Law Clinic, Davis, CA, for Amicus Curiae University of California Davis Law School Immigration Law Clinic.
Before: KIM McLANE WARDLAW and RONALD M. GOULD, Circuit Judges and SAM E. HADDON, District Judge.
OPINION
WARDLAW, Circuit Judge:
This is the latest decision in our decade-long examination of civil, i.e. non-punitive and merely preventative, detention in the immigration context. As we noted in our prior decision in this case, Rodriguez v. Robbins (Rodriguez II),
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