Alejandro Rodriguez v. Timothy Robbins

ORDER

We have considered both the government’s and petitioners’ responses to the Order to Show Cause dated August 13, 2015, and these submissions have satisfied us that no government attorney provided information to the press with the object of influencing this appeal. Rather, it appears that a U.S. Immigration and Customs Enforcement (ICE) spokesperson provided information about this case in response to an inquiry by a Los Angeles Times reporter on July 16, 2015, and that the timing of the article’s publication was only coincidentally related to the date of the hearing. We therefore discharge the Order to Show Cause.

Though we appreciate the government’s prompt and respectful submission, we remain concerned that government counsel made an argument based on evidence not properly before this court, which left an impression contrary to the facts surrounding Kaene Dean’s immigration bond hearings.

Under review are cross-motions for summary judgment. We are therefore limited to considering evidence that was before the district court when it issued its ruling, unless we take judicial notice of the new evidence pursuant to Federal Rule of Evidence 201. See Fed. R.App. P. 10(a); LVRC…