In an action seeking a writ of habeas corpus on behalf of plaintiff and a class of aliens detained for more than six months without a bond hearing while engaged in immigration proceedings, a denial of class certification is reversed where: 1) 8 U.S.C. section 1252(f) did not bar the proposed class from receiving injunctive relief; and 2) the constitutional issue at the heart of each class member’s claim for relief is common to all proposed class members.
Read Rodriguez v. Hayes, No. 08-56156
Appellate Information
Argued and Submitted May 5, 2009
Filed August 20, 2009
Judges
Opinion by Judge B. Fletcher
Counsel
For Appellant:
Peter J. Eliasberg, American Civil Liberties Union Foundation of Southern California, Los Angeles, CA
Ahilan T. Arulanantham, American Civil Liberties Union Foundation of Southern California, Los Angeles, CA
For Appellee:
Gregory G. Katsas, Assistant Attorney General, Civil Division, Washington, DC
Gjon Juncaj, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, DC
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