ALEMAN GONZALEZ v. BARR

No. 18-16465.

955 F.3d 762 (2020)

Esteban ALEMAN GONZALEZ; Eduardo Gutierrez Sanchez, Plaintiffs-Appellees, v. William P. BARR, Attorney General; Chad Wolf, Acting Secretary, Department of Homeland Security; James McHenry, Director, Executive Office for Immigration Review, Department of Justice; Christopher A. Santoro, Acting Chief Immigration Judge, Executive Office for Immigration Review, Department of Justice; David W. Jennings, Field Office Director for the San Francisco Field Office of U.S. Immigration and Customs Enforcement, Department of Homeland Security; David O. Livingston, Sheriff, Contra Costa County; Kristi Butterfield, Facility Commander, West County Detention Facility, Contra Costa County, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2020.


Attorney(s) appearing for the Case

Matthew P. Seamon (argued), Cara E. Alsterberg , and Mary L. Larakers , Trial Attorneys; T. Monique Peoples , Senior Litigation Counsel; Elianis N. Perez , 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 Defendants-Appellants.

Michael Kaufman (argued), American Civil Liberties Union Foundation of Southern California, Los Angeles, California; Alison Pennington , Lisa Knox , and Jesse Newmark , Centro Legal de la Raza, Oakland, California; Marc Van Der Hout , Judah Lakin , and Amalia Wille , Van Der Hout LLP, San Francisco, California; Matthew H. Green , Law Offices of Matthew H. Green, Tucson, Arizona; Vasudha Talla , American Civil Liberties Union Foundation of Northern California, San Francisco, California; Bardis Vakili , American Civil Liberties Union Foundation of San Diego and Imperial Counties, San Diego, California; for Plaintiffs-Appellees.

Before: FERDINAND F. FERNANDEZ, MILAN D. SMITH, JR., and ERIC D. MILLER, Circuit Judges.


OPINION

Esteban Aleman Gonzalez and Eduardo Gutierrez Sanchez (Plaintiffs) represent a certified class of individuals who are subject to final removal orders and are detained pursuant to 8 U.S.C. § 1231(a)(6), within our court's jurisdiction for six months or more, and who have been or will be denied an individualized...

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