RODRIGUEZ DIAZ v. GARLAND

No. 20-16245.

53 F.4th 1189 (2022)

Aroldo Alberto RODRIGUEZ DIAZ, Petitioner-Appellee, v. Merrick B. GARLAND, Attorney General; Chad F. Wolf, David Jennings; Wendell Anderson, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated February 9, 2022.

Resubmitted November 21, 2022 San Francisco, California.

FILED November 21, 2022.


Attorney(s) appearing for the Case

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

Piper C. Akol (argued), Central American Resource Center of Northern California, San Francisco, California, for Petitioner-Appellee.

Kelsey A. Morales (argued), Raha Jorjani , and Evelyn Wise , Alameda County Public Defender's Office, Oakland, California, for Amici Curiae Alameda County Public Defender's Office, the Bronx Defenders, Brooklyn Defender Services, the Legal Aid Society, and the San Francisco Public Defender's Office.

Michael Kaufman and Liga Chia , ACLU Foundation of Southern California, Los Angeles, California; Judy Rabinovitz and Michael Tan , ACLU Immigrants' Rights Project, New York, New York; Ahilan Arulanantham , UCLA School of Law, Los Angeles, California; Jayashri Srikantiah , Stanford Law School Immigrants' Rights Clinic, Stanford, California; Sean Commons , Sidley Austin LLP, Los Angeles, California; for Amici Curiae ACLU Foundation and the ACLU Foundation of Southern California.

Dissent by Judge Wardlaw.


OPINION

Aroldo Rodriguez Diaz, a citizen of El Salvador, was detained pursuant to 8 U.S.C. § 1226(a), which authorizes the federal government to detain aliens pending the completion of their removal proceedings. In accordance with agency procedures, Rodriguez Diaz requested and received a bond hearing before...

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