Alejandro RODRIGUEZ, for himself and on behalf of a class of similarly-situated individuals; Abdirizak Aden Farah, for himself and on behalf of a class of similarly-situated individuals; Jose Farias Cornejo; Yussuf Abdikadir; Abel Perez Ruelas, Petitioners-Appellees/Cross-Appellants, and
Efren Orozco, Petitioner,
v.
David JENNINGS, Field Office Director, Los Angeles District, Immigration and Customs Enforcement; Kirstjen M. Nielsen, Secretary, Homeland Security; Jefferson B. Sessions III, Attorney General; Wesley Lee, Assistant Field Office Director, Immigration and Customs Enforcement; Rodney Penner, Captain, Mira Loma Detention Center; Sandra Hutchens, Sheriff of Orange County; Nguyen, Officer, Officer-in-Charge, Theo Lacy Facility; Davis Nighswonger, Captain, Commander, Theo Lacy Facility; Mike Kreuger, Captain, Operations Manager, James A. Musick Facility; Arthur Edwards, Officer-in-Charge, Santa Ana City Jail; Russell Davis, Jail Administrator, Santa Ana City Jail; James McHenry, Director, Executive Office for Immigration Review, Respondents-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Nina Rabin , University of Arizona College of Law, Tucson, Arizona, for Amici Curiae Social Science Researchers and Professors.
James H. Moon , James J. Farrell , Nathan M. Saper , Latham & Watkins LLP, Los Angeles, California, for Amici Curiae National Association of Criminal Defense Lawyers and the Judge David L. Bazelon Center for Mental Health Law.
Sarah H. Paoletti , University of Pennsylvania Law School Transnational Legal Clinic, Philadelphia, Pennsylvania, for Amici Curiae International Law Professors and Human Rights Clinicians and Clinical Programs.
Holly Stafford Cooper , University of California Davis Law School Immigration Law Clinic, Davis, California, for Amicus Curiae University of California Davis Law School Immigration Law Clinic.
Before: Kim McLane Wardlaw and Ronald M. Gould, Circuit Judges, and Sam E. Haddon, District Judge.
United States Court of Appeals, Ninth Circuit.
ORDER
The parties are directed to file supplemental briefs addressing the following procedural questions: (1) whether this Court has jurisdiction over petitioners' constitutional claims despite 8 U.S.C. § 1252(f)(1), and if not, whether the Court may nonetheless issue declaratory relief for the Rule 23(b)(2) class; (2) whether a Rule 23(b)(2) class action continues to be the appropriate vehicle for petitioners' claims...
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