KHOURY v. GODFREY ICE NWDC EOIR ICE (2019)

United States Court of Appeals, Ninth Circuit.

Bassam Yusuf KHOURY; Alvin Rodriguez Moya; Pablo Carrera Zavala, on behalf of themselves as individuals and on behalf of others similarly situated, Plaintiffs-Appellees, v. 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.

No. 14-35482

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 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.

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