Rodriguez v. Hayes, No. 08-56156

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