Final big case with little splash – this time about mandatory detention
Sunday, August 4th, 2013I have been writing about recent Ninth Circuit cases that to me seem very significant, but have been overlooked by the pundit class. The last one is a mandatory detention case, Rodriguez v. Robbins, decided on April 16, 2013. In the case, based on 9th Circuit precedent and the doctrine of constitutional avoidance, the Ninth Circuit affirmed a preliminary injunction in favor of aliens being detained by Immigration and Customs Enforcement in excess of six months. The injunction holds that…