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Ninth Circuit· 10/2/2017

Xochitl Hernandez v. Jefferson Sessions

Citations

  • 872 F.3d 976
  • 2017 U.S. App. LEXIS 19021

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an injunction that prohibits the government from engaging in likely unconstitutional conduct is a “classic form of prohibitory injunction”
  • holding that IJs must consider a noncitizen's financial circumstances and alternative conditions of release during section 1226(a) bond hearings
  • holding that “the government’s discretion to incarcerate non-citizens is always constrained by the requirements of due process.”
  • holding that “§ 1226(e) does not preclude ‘habeas jurisdiction over constitutional claims or questions of law’”
  • holding that “[u|nlawful detention” by immigration officials constituted “irreparable harm’
  • observing that \reduced detention costs can free up resources to more effectively process claims in Immigration Court.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Fernandez, Wardlaw

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.