Case: 18-71460, 03/23/2020, ID: 11638656, DktEntry: 53, Page 1 of 1
LUCERO XOCHIHUA-JAIMES, Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 18-71460
Agency No. A206-105-249
ORDER
FOR PUBLICATION
FILED
MAR 23 2020
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
*
Before: SILER, WARDLAW, and M. SMITH, Circuit Judges.
In light of the rapidly escalating public health crisis, which public health authorities predict will especially impact immigration detention centers, the court sua sponte orders that Petitioner be immediately released from detention and that removal of Petitioner be stayed pending final disposition by this court. See 8 U.S.C. § 1252(b)(3)(B); 28 U.S.C. § 1651(a).
The matter is remanded to the BIA for the limited purpose of securing Petitioner’s immediate release.
IT IS SO ORDERED.
*
The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
*******************
Yea!
Shows how the Article IIIs can take the initiative to save lives and do justice when they want to. How about a “say sponte” finding that the entire unconstitutional Immigration “Court” system is, well, . . . unconstitutional. Not “rocket science” — just justice!
It’s published!
Due Process Forever!
PWS
03-23-20