The following excerpt is from Castellar v. Mayorkas, 17-cv-00491-BAS-AHG (S.D. Cal. 2021):
Plaintiffs' renewed motion proposes certifying a class that includes individuals screened for expedited removal proceedings under Section 1225(b)(1). Section 1225(b) generally mandates the detention of aliens seeking admission pending their removal proceedings. Rodriguez v. Robbins, 715 F.3d 1127, 1132 (9th Cir. 2013). [I]f the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the officer is required to detain the individual for removal proceedings. 8 U.S.C. 1225(b)(2)(A). Once the individual invokes a fear of persecution upon return to the originating country or indicates his or her intent to apply for asylum, the individual is detained pending a final determination of credible fear of persecution and, if found not to have such a fear, until removed. Id. 1225(b)(1)(B)(iii)(IV). The statute also requires detaining an individual for further consideration of the application for asylum, if the interviewing officer determines that the individual has a credible fear of persecution. Id. 1225(b)(1)(B)(ii). In sum, Section 1225(b) mandates that individuals screened for or subject to expedited removal be detained.
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