In an action seeking a writ of habeas corpus on behalf of plaintiff and a class of aliens detained for more than six months without a bond hearing while engaged in immigration proceedings, a denial of class certification is reversed where: 1) 8 U.S.C. section 1252(f) did not bar the proposed class from receiving injunctive relief; and 2) the constitutional issue at the heart of each class member's claim for relief is common to all proposed class members.
Argued and Submitted May 5, 2009
Filed August 20, 2009
Opinion by Judge B. Fletcher
Gregory G. Katsas, Assistant Attorney General, Civil Division, Washington, DC
Gjon Juncaj, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, DC