Bassam Khoury v. Elizabeth Godfrey

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

BASSAM YUSUF KHOURY; ALVIN No. 14-35482 RODRIGUEZ MOYA; PABLO CARRERA ZAVALA, on behalf of themselves as D.C. No. individuals and on behalf of others 2:13-cv-01367- similarly situated, RAJ Plaintiffs-Appellees,

v. ORDER

ELIZABETH GODFREY, Acting Field Office Director, ICE; LOWELL CLARK, Warden, NWDC; JAMES MCHENRY, Director of EOIR; WILLIAM P. BARR, Attorney General, Attorney General of the United States; KEVIN K. MCALEENAN, Acting Secretary of the Department of Homeland Security; UNITED STATES OF AMERICA; RONALD D. VITIELLO, Acting Director, Immigration and Customs Enforcement (ICE), Defendants-Appellants.

2 KHOURY V. GODFREY

On Remand from the United States Supreme Court

Filed May 1, 2019

Before: Andrew J. Kleinfeld, Jacqueline H. Nguyen, and Michelle T. Friedland, Circuit Judges.

ORDER

In light of the Supreme Court’s decision in Nielsen v.

Preap, 139 S. Ct. 954 (2019), the memorandum disposition of this Court dated August 4, 2016, is VACATED and judgment is entered REVERSING the district court’s judgment. We remand this case to the district court for further proceedings consistent with the Supreme Court’s opinion.

REVERSED and REMANDED.