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GAYLE v. WARDEN MONMOUTH COUNTY CORRECTIONAL INST.

No. 15-1785.

838 F.3d 297 (2016)

Garfield GAYLE; Neville Sukhu; Sheldon Francois, Appellants v. WARDEN MONMOUTH COUNTY CORRECTIONAL INSTITUTION; Scott A. Weber, in his official capacity as Newark Field Office Director for Detention and Removal; *Sarah R. Saldana, in her official capacity as Assistant Secretary of U.S. Immigration and Customs Enforcement; Secretary United States Department of Homeland Security; Attorney General of the United States of America; Juan Osuna, in his official capacity as Director of Executive Office of Immigration Review; John Tsoukaris, in his official capacity as Field Office Director for Enforcement and Removal Operations, Newark Field Office of U.S. Immigration and Customs Enforcement; Christopher Shanahan, in his official capacity as Field Office Director for Enforcement and Removal Operations, New York Field Office of U.S. Immigration and Customs Enforcement; Warden Bergen County Jail; Joseph Trabucco, in his official capacity as Director of the Delaney Hall Detention Facility; Warden Elizabeth County Detention Center; Warden Essex County Correctional Facility; Oscar Aviles, in his official capacity as Director of the Hudson County Correctional Facility *Pursuant to Fed. R. App. P. 43(c).

United States Court of Appeals, Third Circuit.

Filed: September 22, 2016.

Attorney(s) appearing for the Case

Lawrence S. Lustberg , Joseph A. Pace , Gibbons, One Gateway Center, Newark, NJ 07102, Judy Rabinovitz [ARGUED], Michael K.T. Tan , American Civil Liberties Union, Immigrants' Rights Project, 125 Broad St., 18th Floor, New York, NY 10004, Counsel for Appellants.

Craig W. Kuhn , United States Department of Justice, Office of Immigration Litigation, P.O. Box 878, Ben Franklin Station, Washington, DC 20044, Elizabeth J. Stevens [ARGUED], United States Department of Justice, Office of Immigration Litigation, 450 5th Street, N.W., Washington, DC 20001, Counsel for Appellees.

Andrew S. Amer , Simpson, Thacher & Bartlett, 425 Lexington Avenue, New York, NY 10017, Counsel for Amicus-Appellants.

Before: FUENTES, KRAUSE, and ROTH, Circuit Judges.

OPINION

Over the course of the last four years, Appellants Garfield Gayle, Neville Sukhu, and Sheldon Francois have been litigating, and the Government, defending, a purported class action to challenge the constitutionality of 8 U.S.C. § 1226(c), the section of the Immigration and Nationality Act that requires...

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