What is the current state of the law regarding withholding only proceedings under 8.F.R. R. 1231(a)(6) and 8.36(e) of the Immigration Code?

MultiRegion, United States of America

The following excerpt is from Tejada v. Godfrey, 954 F.3d 1245 (9th Cir. 2020):

After the amended complaints filing, we held in Padilla-Ramirez v. Bible , 862 F.3d 881, 88487 (9th Cir. 2017), amended by , 882 F.3d 826, 83033 (9th Cir. 2018), that aliens with reinstated removal orders who are placed in withholding-only proceedings are detained pursuant to 1231(a)(6). Because of that decision, the district court denied Plaintiffs request for a preliminary injunction that would have required the Government to provide bond hearings pursuant to the regulation applicable to aliens detained pursuant to 1226(a). 8 C.F.R. 1236.1(d)(1). Thereafter, upon Plaintiffs motion, the district court certified a class of: "[a]ll individuals who (1) were placed in withholding only proceedings under 8 C.F.R. 1208.31(e) in the [District] after having a removal order reinstated, and (2) have been detained for 180 days (a) without a custody hearing or (b) since receiving a custody hearing."

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