MIRANDA v. GARLAND

No. 20-1828.

34 F.4th 338 (2022)

Marvin Dubon MIRANDA; Ajibade Thompson Adegoke; Jose De La Cruz Espinoza, Plaintiffs-Appellees, v. Merrick B. GARLAND, Attorney General; Alejandro N. Mayorkas, Secretary; Matthew T. Albence, Deputy Director and Senior Official Performing the Duties of the Director; David L. Neal, Director; Janean Ohin, Acting Director; William Delauter, Corrections Bureau Chief; Jack Kavanagh, Director; Donna Bounds, Warden, Defendants-Appellants. Constitutional Accountability Center; Legal Aid Justice Center; the Roundtable of Former Immigration Judges; American Immigration Lawyers Association-DC; Ayuda, Inc.; Thirty Social Science Scholars and Researchers, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 12, 2022.

Amended: May 19, 2022.


Attorney(s) appearing for the Case

ARGUED: Courtney Elizabeth Moran , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Carmen Gloria Iguina Gonzalez , AMERICAN CIVIL LIBERTIES UNION, Washington, D.C., for Appellees. ON BRIEF: Jeffrey Bossert Clark , Acting Assistant Attorney General, William C. Peachey , Director, Samuel P. Go , Assistant Director, Susan M. Imerman , Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Nicholas T. Steiner , Sonia Kumar , AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF MARYLAND, Baltimore, Maryland; Michael K.T. Tan , ACLU FOUNDATION IMMIGRANTS' RIGHTS PROJECT, New York, New York; Jenny Kim , Melody Vidmar , Adina Appelbaum , Claudia Cubas , CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, Washington, D.C.; Deborah K. Marcuse , Clare J. Horan , Austin L. Webbert , Whittney L. Barth , Lucy Zhou , Baltimore, Maryland, Saba Bireda , SANFORD HEISLER SHARP, LLP, Washington, D.C., for Appellees. Elizabeth B. Wydra , Brianne J. Gorod , Brian R. Frazelle , Dayna J. Zolle , CONSTITUTIONAL ACCOUNTABILITY CENTER, Washington, D.C., for Amicus Constitutional Accountability Center. Andrew J. Ewalt , Amna Arshad , Justin C. Simeone , Andrew T. Bulovsky , Washington, D.C., Hannah Khalifeh , FRESHFIELDS BRUCKHAUS DERINGER US LLP, New York, New York; Simon Sandoval-Moshenberg , Rebecca Wolozin , Kristin Donovan , LEGAL AID JUSTICE CENTER, Falls Church, Virginia, for Amicus Legal Aid Justice Center. Madeline J. Cohen , Theodore A. Howard , WILEY REIN LLP, Washington, D.C., for Amicus The Roundtable of Former Immigration Judges. Rene Kathawala , ORRICK, HERRINGTON & SUTCLIFFE LLP, New York, New York, for Amici Thirty Social Science Scholars and Researchers. Sam Bragg , ALSTON & BIRD LLP, Dallas, Texas, for Amici The Washington D.C. Chapter of the American Immigration Lawyers Association and Ayuda.

Vacated and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson concurred in part and dissented in part, and Judge Urbanski concurred in part and dissented in part.


8 U.S.C. § 1226(a) permits the Attorney General to detain aliens1 pending their removal hearings. And the Attorney General has adopted procedures for making that discretionary decision. Under those procedures, an alien is given notice and three opportunities to seek release by showing...

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