Xochitl HERNANDEZ, for themselves and on behalf of a class of similarly-situated individuals; Cesar Matias, for themselves and on behalf of a class of similarly-situated individuals, Plaintiffs-Appellees,
v.
Jefferson B. SESSIONS III, Attorney General; James Mchenry, Acting Director, Executive Office for Immigration Review; Elaine C. Duke, Acting Secretary, Department of Homeland Security; Thomas D. Homan, Acting Director, Immigration and Customs Enforcement (ICE); David Jennings, Los Angeles Field Office Director of ICE; James Janecka, Warden, Adelanto Detention Facility; Christina Holland, Jail Administrator, Santa Ana City Jail; Carlos Roja, Chief, Santa Ana City Department; Jon Briggs, Captain, Orange County Sheriff's Department; Mike Kreuger, Captain, Orange County Sheriff's Department; Sandra Hutchens, Sheriff, Orange County, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 11, 2017 — Pasadena, California.
Alan E. Schoenfeld , Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York; Leon T. Kenworthy , and Webb Lyons , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; for Amici Curiae Nine Retired Immigration Judges and Board of Immigration Appeals Members.
Peter R. Afrasiabi , and Oscar M. Orozco-Botello , Newport Beach, California; Anne Lai , University of California, Irvine School of Law — Immigrant Rights Clinic, Irvine, California; for Amici Curiae University of California, Irvine School of Law — Immigrant Rights Clinic; Asian Americans Advancing Justice — Los Angeles; Brandeis Human Rights Advocacy Program; Center for Gender & Refugee Studies; Coalition to Abolish Slavery & Trafficking; Columbia Law School Immigrants' Rights Clinic; Community Legal Services in East Palo Alto; Cornell Law School's Asylum and Convention Against Torture Appellate Clinic; Council on American-Islamic Relations; Immigrant Defenders Law Center, Los Angeles; Las Crisantemas; Loyola Immigrant Justice Clinic; National Day Laborer Organizing Network; New York Law School, Safe Passage Project Clinical Class; Northwest Immigrant Rights Project; Public Counsel; Rapid Response Network; Florence Immigrant and Refugee Rights Project; University of California Davis School of Law Immigration Law Clinic; University of California, Irvine School of Law Immigrant Rights Clinic; University of Colorado Criminal/Immigration Defense Clinic; University of Nevada, Las Vegas, Immigration Clinic; and Western State College of Law Immigration Clinic.
Peter H. Kang , Sidley Austin LLP, Palo Alto, California; Sue Wang , Kelly A. Rosencrans , and Alex Baxter , Sidley Austin LLP, San Francisco, California; Jayashri Srikantiah , Immigrants' Rights Clinic, Stanford Law School, Stanford, California; for Amici Curiae National Association of Criminal Defense Lawyers and Center for Legal and Evidence-Based Practices.
Partial Concurrence and Partial Dissent by Judge Fernandez
OPINION
REINHARDT, Circuit Judge:
"Courts have confronted, in diverse settings, the age-old problem of providing equal justice for poor and rich, weak and powerful alike."1 In this case, we reaffirm our commitment to this principle of fairness for all as embodied in the Due Process Clause of the Fifth Amendment...
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