Martinez Banos v. Asher et al

Filing 106

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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ARTURO MARTINEZ BAÑOS, et
al.,

CASE NO. C16-1454JLR
ORDER ON REMAND

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Plaintiffs-Petitioners,
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v.
ELIZABETH GODFREY, et al.,

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Defendants-Respondents.

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Before the court is the opinion and mandate of the Ninth Circuit Court of Appeals
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(1) affirming in part, reversing in part, and vacating in part the court’s order adopting
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Chief Magistrate Judge Tsuchida’s report and recommendation on the parties’
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cross-motions for summary judgment; and (2) remanding to this court for further
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proceedings. (9th Cir. Mem. Op. (Dkt. # 104); 9th Cir. Mandate (Dkt. # 105); see also
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4/4/18 Order (Dkt. # 83); Judgment (Dkt. # 84); R&R (Dkt. # 77).)
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ORDER - 1

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The Ninth Circuit affirmed the court’s judgment and permanent injunction insofar

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as they require Defendants-Respondents Elizabeth Godfrey, Lowell Clark, Thomas D.

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Homan, James McHenry, William Barr, and Kevin McAleenan (collectively, “the

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Government”) to provide each class member detained for six months or longer with a

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bond hearing before an immigration judge, in which the burden is on the Government to

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justify continued detention. (See 9th Cir. Mem. Op. at 15-16.) The Ninth Circuit also

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reversed and vacated with respect to the requirement that the Government provide class

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members with additional bond hearings every six months; reversed and vacated the

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partial judgment for the Government on Petitioners’ 1 due process claims; and remanded.

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(See 9th Cir. Mem. Op. at 15-16.)
The court ORDERS the parties to file, within 14 days of the filing date of this

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order, a joint status report proposing how the court should proceed on remand. The

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parties should attempt to agree in good faith on a unified approach. If they cannot so

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agree, they may outline their disparate suggestions in the joint status report.

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Dated this 12th day of June, 2020.

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A

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JAMES L. ROBART
United States District Judge

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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,
“Petitioners”).

ORDER - 2