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FLORES TEJADA v. GODFREY

No. 18-35460.

954 F.3d 1245 (2020)

Edwin Omar FLORES TEJADA; German Ventura Hernandez, on behalf of themselves as individuals and on behalf of others similarly situated, Petitioners-Appellees, v. Elizabeth GODFREY, Field Office Director; William P. Barr, Attorney General; Matthew T. Albence, Acting Director of U.S. Immigration and Customs Enforcement; Lowell Clark, Warden; James McHenry, Director of Executive Office for Immigration Review; Chad Wolf, Acting Secretary, Department of Homeland Security, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2020.

Attorney(s) appearing for the Case

Matthew P. Seamon (argued) and Gladys M. Steffens Guzman , Trial Attorneys; Gisela A. Westwater , Assistant Director; William C. Peachey , Director; Joseph H. Hunt , Assistant Attorney General; Office of Immigration Litigation, United States Department of Justice, Washington, D.C.; for Respondents-Appellants.

Matt Adams (argued), Leila Kang , and Aaron Korthuis , Northwest Immigrants Rights Project, Seattle, Washington, for Petitioners-Appellees.

Partial Concurrence and Partial Dissent by Judge Fernandez.

OPINION

Edwin Omar Flores Tejada and German Ventura Hernandez (Plaintiffs) represent a certified class of aliens with final removal orders who are placed in withholding-only proceedings, and who are detained in the jurisdiction of the Western District of Washington (the District) for six months or longer without...

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