PREAP v. MCALEENAN (2019)

United States Court of Appeals, Ninth Circuit.

Mony PREAP; Eduardo Vega Padilla; Juan Lozano Magdaleno, Plaintiffs-Appellees, v. Kevin K. MCALEENAN, Acting Secretary, Department of Homeland Security; William P. Barr, Attorney General; Richard Valeika, Field Office Director, San Francisco Field Office, United States Bureau of Immigration and Customs Enforcement; Melissa W. Maxim, Field Office Director, San Diego Field Office, United States Bureau of Immigration and Customs Enforcement; Corinna Luna, Field Office Director, Los Angeles Field Office, United States Bureau of Immigration and Customs Enforcement, Defendants-Appellants.

Nos. 14-16326, 14-16779

Decided: May 01, 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, ––– U.S. ––––, 139 S. Ct. 954, 203 L.Ed.2d 333 (2019), the opinion of this Court dated August 4, 2016, 831 F.3d 1193, is VACATED and judgment is entered REVERSING the district court's order granting a preliminary injunction. We remand this case to the district court for further proceedings consistent with the Supreme Court's opinion.

REVERSED and REMANDED.

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