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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