Bassam Khoury v. Nathalie Asher

667 F. App'x 966

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 4, 2016
• Docket: 14-35482
• Status: Unpublished

Opinion

MEMORANDUM *

Defendants appeal from the district court’s order certifying a class of alien detainees and declaring that the class was entitled to bond hearings. The class comprised aliens who were subjected to mandatory detention under 8 U.S.C. § 1226(c) even though they were not detained immediately upon their release from criminal custody. In granting class certification and declaratory relief, the district court concluded that § 1226(c) applies only to aliens who are detained immediately upon their release from criminal custody. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The plain language of § 1226(c) makes clear that mandatory detention applies only to those aliens detained “when [they are] released” from criminal custody. See Preap v. Johnson, slip op. at -. Because the phrase “when ... released” conveys a degree of immediacy, “§ 1226(c) applies only to those criminal noncitizens who are detained promptly after their release from criminal custody, not to those detained long after.” Id. at -. We disagree with the government’s arguments under United States v. Montalvo-Murillo, 495 U.S. 711, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990), that it should nonetheless be allowed to hold without bond aliens whose detention is untimely under § 1226(c). Montalvo-Murillo is distinguishable. See Preap v. Johnson, slip op. at -.

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.