Preap v. Johnson
303 F.R.D. 566
N.D. Cal.2014Background
- Petitioners challenge detention under 8 U.S.C. § 1226(c) as unconstitutional and seek bond hearings via a habeas class action.
- Dispute centers on whether § 1226(c)’s phrase 'when the alien is released' requires immediate custody at release or allows delay after release.
- Court held § 1226(c) unambiguously requires detention at the time of release for offenses enumerated in § 1226(c)(1)(A)-(D).
- Because Petitioners were not detained immediately upon release, the Court grants the Preliminary Injunction and denies the Government’s Dismissal motion, and certifies a class.
- Plaintiffs seek to certify a Rule 23(b)(2) class for injunctive/declaratory relief applicable to all similarly situated detainees in California.
- The Court outlines notice protocols and bond-hearing reevaluation procedures to be implemented for class members.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of 'when the alien is released' in § 1226(c) | Petitioners: meaning is immediate upon release. | Government: 'when' is ambiguous and allows delay after release. | Plain meaning: immediate custody at release. |
| Class certification under Rule 23 | Class treatment efficient; common question whether § 1226(c) requires immediate detention. | No inherent barrier to class treatment; but merits depend on § 1226(c) interpretation. | Certified as a Rule 23(b)(2) class for injunctive/declaratory relief. |
Key Cases Cited
- Demore v. Kim, 538 U.S. 510 (U.S. 2003) (context for mandatory detention under § 1226(c))
- Rodriguez v. Robbins, 715 F.3d 1127 (9th Cir. 2013) ( Rodriguez II; six-month detention bond hearing rule)
- Rodriguez v. Hayes, 591 F.3d 1105 (9th Cir. 2010) (Rodriguez I; habeas class action framework)
- Matter of Rojas, 23 I. & N. Dec. 117 (BIA 2001) (BIA interpretation of 'when ... released' (distinguished))
- Hosh v. Lucero, 680 F.3d 375 (4th Cir. 2012) (loss of authority doctrine rejected as controlling here)
- Sylvain v. Attorney Gen. of U.S., 714 F.3d 150 (3d Cir. 2013) (loss of authority doctrine discussion)
- Montalvo-Murillo, 495 U.S. 711 (U.S. 1990) (timing remedies in detention statutes; context quoted)