Hernandez v. Sessions

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The Ninth Circuit affirmed the district court's order granting a preliminary injunction for a class of non-citizens in removal proceedings who are detained under 8 U.S.C. 1226(a). In this case, the government has already determined that the class members were neither dangerous nor enough of a flight risk to require detention without bond. Nonetheless, the class members remain detained because they are unable to afford bond in the amount set by the immigration officials. The panel held that the district court did not abuse its discretion by granting plaintiffs' motion for a preliminary injunction because plaintiffs were likely to succeed on the merits of their due process claim. The panel reasoned that the government's current policies failed to provide adequate procedural protections to ensure that detention of the class members was reasonably related to a legitimate governmental interest. The panel concluded that due process likely requires immigration officials when considering bond determinations to consider financial circumstances and alternative conditions of release. Furthermore, plaintiffs were likely to suffer irreparable harm in the absence of preliminary relief; the balance of the equities favored plaintiffs; and the public interest benefited from the injunction. View "Hernandez v. Sessions" on Justia Law