Bassam Khoury v. Nathalie Asher

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 4 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BASSAM YUSUF KHOURY; et al., No. 14-35482
Plaintiffs-Appellees, D.C. No. 2:13-cv-01367-RAJ
v.
MEMORANDUM*
NATHALIE ASHER, Field Office Director,
ICE; et al.,
Defendants-Appellants.
Appeal from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Argued and Submitted July 8, 2015
Seattle, Washington
Before: KLEINFELD, NGUYEN, and FRIEDLAND, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
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
(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.
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