Thread by @NicoletteGlazer

Oh and guess what? The 9th Circuit has now granted (except for one paragraph) the Gov't request for stay of the PI injunction in Henrnandez Roman v Wolf case, yes the one that ordered ICE to release at least 250 Adelanto detainees and to take measures to reduce COVID-19 contagion

https://twitter.com/NicoletteGlazer/status/1258067369768792064

Panel, SILVERMAN, NGUYEN, COLLINS, issued single para stay for duration of appeal w/out any analysis halting all measures ordered by J Hatter except one which requires substantial compliance with guidelines issued by CDC for detention facilities to follow in managing COVID-19

Now with or without analysis the fact that 9th Cir issued the stay means and sends the message to all other district courts that Govt has met the Nken reqs, meaning judge was most likely wrong.

The combination of the nature & scope of Prelim Injunction issued by district court with the partial stay granted by 9th Circuit makes the facts on the ground extremely complicated. Just to illustrate to mess we now have just few observations

Judge Hatter issued a bellwether decision regarding Adelanto and ordered
* at least 250 pp released by 5/4
* no new detainees admitted
* pop reduced to allow social distancing
* transfer only to fac where social distancing was possible
* rigorous hygiene protocols ...

... contd
* all staff and all detainees must wear mask
* Adelanto must provide sufficient amounts of gloves for ppl to wear as they desire
* Adelanto must provide sufficient quantities of soap and paper towels, "so that the detainees never run out of those supplies" ...

... contd
* ICE was required to file a census of detainees
* ICE was supposed to file regular status reports

ALL these are now stayed, meaning Adelanto DOES NOT need to do diddly!

Adelanto of course did not comply with the 5/4 deadline cause of temp 9th Cir stay in effect so, to my knowledge they have released just few ppl who would be Hernandez Roman class members. And now they do not need to release any unless they so choose.

Now the mystery (not really) paragraph 13: Judge Hatter ordered that they put into effect "all mandates, best
practices, recommendations & guidelines issued by the CDC, State of CA, & San Bernardino County Dept of Public Health 4 prevention of the transmission of" #COVID-19.

9th Cir said: to extent that para 13 "requires substantial compliance w/ guidelines issued by the CDC for correctional & detention facilities to follow in managing COVID-19 motion 4 stay is denied. To the extent that para 13 imposes oblig beyond that exception, it is also stayed"

So, Adelanto only need to
* "substantially comply" and
* only w CDC recom for correctional facilities!!!

Translation: if you tried and have "receipts", well it is good for us.

But there is a much more complex part and consequence of this stay. Judge Hatter kinda swooped in and made all those who had obtained release on TROs outside of the Hernandez Roman automatically class members & ordered that they remain released & stayed their indiv cases.

So now all those stay cases are UNSTAYED! But because the decision does not provide analysis it is not obvious if the Panel found that the 5th Amendment claim fails on the merits or that the judge overstepped his authority and went overboard on the obligations imposed on Adelanto

Now if they saw the issue like the 11th Cir as matter of irreparable harm to Govt by being put under the wardenship of a federal judge then all other cases and the crux of the Roman case are intact. But if subsequent courts see things differently, then we will have a patchwork

Big issue is what happens next! We got 11 ppls out and two of the cases were partially stayed under Roman, so we have another day to fight. But what if ICE asks courts to order TRO released ppl to surrender back! I can't