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AVILEZ v. GARLAND

No. 20-16142.

48 F.4th 915 (2022)

Lexis Hernandez AVILEZ, Petitioner-Appellee, v. Merrick B. GARLAND, Attorney General; Alejandro Mayorkas, in his official capacity; Tae D. Johnson, in his official capacity; David W. Jennings, Respondents-Appellants, and Wendell Anderson, in his official capacity, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2022.

Attorney(s) appearing for the Case

Sarah S. Wilson (argued), Senior Litigation Counsel; Ernesto Molina , Deputy Director; Brian Boynton , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondents-Appellants.

Judah Lakin (argued) and Amalia Wille , Lakin & Wille LLP, Oakland, California; Hector A. Vega and Genna Ellis Beier , Public Defender's Office, San Francisco, California; for Petitioner-Appellee.

Concurrence by Judge BEA.

OPINION

Lexis Hernandez Avilez, a Mexican citizen, petitioned for habeas relief after being held in immigration detention for over a year without a bond hearing. A district court judge granted Hernandez Avilez's petition for relief and ordered the Government to provide her with a bond hearing on statutory...

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