Martinez Banos v. Asher et al
ORDER re 105 Mandate of USCA, 104 Memorandum/Opinion from USCA. The court ORDERS the parties to file, within 14 days of the filing date of this order, a joint status report proposing how the court should proceed on remand. Signed by Judge James L. Robart. (PM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
ARTURO MARTINEZ BAÑOS, et
CASE NO. C16-1454JLR
ORDER ON REMAND
ELIZABETH GODFREY, et al.,
Before the court is the opinion and mandate of the Ninth Circuit Court of Appeals
(1) affirming in part, reversing in part, and vacating in part the court’s order adopting
Chief Magistrate Judge Tsuchida’s report and recommendation on the parties’
cross-motions for summary judgment; and (2) remanding to this court for further
proceedings. (9th Cir. Mem. Op. (Dkt. # 104); 9th Cir. Mandate (Dkt. # 105); see also
4/4/18 Order (Dkt. # 83); Judgment (Dkt. # 84); R&R (Dkt. # 77).)
ORDER - 1
The Ninth Circuit affirmed the court’s judgment and permanent injunction insofar
as they require Defendants-Respondents Elizabeth Godfrey, Lowell Clark, Thomas D.
Homan, James McHenry, William Barr, and Kevin McAleenan (collectively, “the
Government”) to provide each class member detained for six months or longer with a
bond hearing before an immigration judge, in which the burden is on the Government to
justify continued detention. (See 9th Cir. Mem. Op. at 15-16.) The Ninth Circuit also
reversed and vacated with respect to the requirement that the Government provide class
members with additional bond hearings every six months; reversed and vacated the
partial judgment for the Government on Petitioners’ 1 due process claims; and remanded.
(See 9th Cir. Mem. Op. at 15-16.)
The court ORDERS the parties to file, within 14 days of the filing date of this
order, a joint status report proposing how the court should proceed on remand. The
parties should attempt to agree in good faith on a unified approach. If they cannot so
agree, they may outline their disparate suggestions in the joint status report.
Dated this 12th day of June, 2020.
JAMES L. ROBART
United States District Judge
Petitioners in this matter are Edwin Flores Tejada and German Ventura Hernandez, on
behalf of themselves and on behalf of others who are similarly situated (collectively,
ORDER - 2
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