The Ninth Circuit has determined that its prior decision in Diouf II survives the Supreme Court’s decision in Jennings v. Rodriguez. The class of petitioners at issue are individuals with reinstated removal orders. final orders of removal that have not been executed, and who have review of denied motions to reopen pending before the federal appellate court, and who have been detained for at least six months without a bond hearing. The court found that Government must provide class members with an individualized bond hearing after six months of detention when a class member’s release or removal is not imminent, and that the Department of Homeland Security must bear the burden of proving that continued detention is warranted by clear and convincing evidence. The court held that the class members are not entitled to subsequent custody reviews every six months thereafter.
The decision in Flores Tejada v. Godfrey can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/04/07/18-35460.pdf
The decision in Aleman Gonzalez v. Barr can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/04/07/18-16465.pdf