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MARTINEZ v. CLARK

No. 21-35023.

36 F.4th 1219 (2022)

Javier MARTINEZ, Petitioner-Appellant, v. Lowell CLARK, Warden, Northwest Detention Center; Nathalie Asher, Tacoma Field Office Director, United States Immigration and Customs Enforcement; Alejandro Mayorkas, Secretary, Department of Homeland Security; Merrick B. Garland, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2022.

Attorney(s) appearing for the Case

Robert Pauw (argued), Gibbs Houston Pauw, Seattle, Washington, for Petitioner-Appellant.

Dana M. Camilleri (argued), Trial Attorney; Anthony P. Nicastro , Assistant Director; Brian M. Boynton , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondents-Appellees.

Before: Jacqueline H. Nguyen, Eric D. Miller, and Patrick J. Bumatay, Circuit Judges.

OPINION

Congress has determined that certain categories of aliens are subject to mandatory detention during their removal proceedings. See 8 U.S.C. § 1226(c). The most common reason for a noncitizen to be placed in mandatory detention is a criminal history. See Nielsen v. Preap, ___ U.S. ___,...

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