Javier Martinez v. Lowell Clark

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAVIER MARTINEZ, No. 21-35023 Petitioner-Appellant, D.C. No. v. 2:20-cv-00780-

TSZ

LOWELL CLARK, Warden, Northwest Detention Center; NATHALIE ASHER, Tacoma Field Office Director, OPINION United States Immigration and Customs Enforcement; ALEJANDRO MAYORKAS, Secretary, Department of Homeland Security; MERRICK B. GARLAND, Attorney General, Respondents-Appellees.

Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding

Argued and Submitted March 7, 2022 Seattle, Washington

Filed June 15, 2022

Before: Jacqueline H. Nguyen, Eric D. Miller, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Bumatay SUMMARY *

Immigration/Habeas/Detention

Affirming in part and vacating in part the district court’s denial of Javier Martinez’s habeas petition challenging his immigration detention, and remanding, the panel held that: 1) federal courts lack jurisdiction to review the discretionary determination of whether a particular noncitizen poses a danger to the…