Leiticia CASTAÑEDA, Petitioner, Appellee,
v.
Steve SOUZA, Superintendent, Bristol County House of Corrections, in his official capacity and his successors and assigns, Respondent, Appellant,
Bruce E. Chadbourne, Field Office Director, Boston Field Office, Office of Detention and Removal, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, in his official capacity and his successors and assigns; John T. Morton, Director, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, in his official capacity and his successors and assigns; Jeh Johnson, Secretary, U.S. Department of Homeland Security, in his official capacity and his successors and assigns; Loretta E. Lynch, Attorney General, U.S. Department of Justice, in his official capacity and his successors and assigns, Respondents.
Clayton Richard Gordon, on behalf of himself and others similarly situated, Petitioner, Appellee,
Preciosa Antunes; Gustavo Ribeiro Ferreira; Valbourn Sahidd Lawes; Nhan Phung Vu, Petitioners,
v.
Loretta E. Lynch, Attorney General; Sarah Saldana, Director of Immigration and Customs Enforcement; Sean Gallagher, Acting Field Office Director; Christopher J. Donelan; Michael G. Bellotti, Sheriff; Steven W. Tompkins, Sheriff; Thomas M. Hodgson, Sheriff; Joseph D. McDonald, Jr., Sheriff; Rand Beers, Acting Secretary of Homeland Security, Respondents, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
December 23, 2015.
December 23, 2015.
Attorney(s) appearing for the Case
Leon Fresco , Deputy Assistant Attorney General, Office of Immigration Litigation, with whom Sarah B. Fabian , Senior Litigation Counsel, United States Department of Justice, Civil Division, Office of Immigration Litigation, Elianis N. Perez , Senior Litigation Counsel, Joyce R. Branda , Acting Attorney General, Benjamin C. Mizer , Acting Assistant Attorney General, Civil Division, William C. Peachy , Director, Office of Immigration Litigation, District Court Section, Elizabeth Stevens , Assistant Director, Hans H. Chen , Trial Attorney, were on brief, for respondents-appellants.
Alina Das, Esq. , and Washington Square Legal Services, Inc., Immigrant Rights Clinic, on brief for Immigration Law Professors, American Immigration Lawyers Association, Boston College Law School Immigration Clinic, Boston University Law School International Human Rights Clinic, Detention Watch Network, Families for Freedom, Greater Boston Legal Services, Harvard Immigration and Refugee Clinical Program, Immigrant Defense Project, Immigrant Legal Resource Center, Immigrant Rights Clinic, National Immigrant Justice Center, National Immigration Project of the National Lawyers Guild, Political Asylum/Immigration Representation Project, Suffolk University Law School Immigration Law Clinic, and University of Maine School of Law Immigrant and Refugee Rights Clinic, as amici curiae in support of petitioners-appellees and in support of affirmance.
Matthew E. Price , Lindsay C. Harrison , and Jenner & Block LLP, on brief for amici curiae Former Immigration Judges and Department of Homeland Security Officials in support of petitioners-appellees.
Before HOWARD, Chief Judge, TORRUELLA, LYNCH, THOMPSON, KAYATTA, and BARRON, Circuit Judges.
Opinion En Banc
The judgments entered in the district courts are affirmed by an equally divided en banc court. See Savard v. Rhode Island,338 F.3d 23, 25 (1st Cir.2003) (en banc).
Opinions follow.
BARRON, Circuit Judge, with whom TORRUELLA and THOMPSON, Circuit Judges, join.
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