Javier Martinez v. Lowell Clark
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAVIER MARTINEZ, No. 21-35023
Petitioner-Appellant, D.C. No. 2:20-cv- v. 00780-TSZ
LOWELL CLARK, Warden, Northwest Detention Center; OPINION NATHALIE ASHER, Tacoma Field Office Director, United States Immigration and Customs Enforcement; ALEJANDRO N. MAYORKAS, Secretary, Department of Homeland Security; MERRICK B. GARLAND, Attorney General,
Respondents-Appellees.
On Remand from the United States Supreme Court Argued and Submitted September 24, 2024 San Francisco, California Filed December 27, 2024
Before: Jacqueline H. Nguyen, Eric D. Miller, and Patrick J. Bumatay, Circuit Judges.
Opinion by Judge Bumatay; Concurrence by Judge Bumatay SUMMARY *
Immigration Immigration/Habeas/Detention
On remand from the United States Supreme Court, the panel affirmed the district court’s denial of Javier Martinez’s habeas petition challenging his immigration detention. The panel held that federal courts have jurisdiction to review the Board of Immigration Appeals’ determination that an alien is a “danger…