Campos

A class of aliens who sought political asylum brought this action in district court to challenge Immigration Judge William F. Nail, Jr.’s policy of denying changes of venue to asylum seekers who lacked a residence in the United States when originally detained. In a previous appeal, we held that the district court had jurisdiction to entertain the action. Campos v. Nail, 940 F.2d 495 (9th Cir.1991) (“Campos I ”). On remand, the district court found that Judge Nail employed such a policy and held that the policy violated the applicants’ constitutional rights to due process. Accordingly, the district court nullified all deportation orders against aliens who were subject to the policy. The government again appealed. We affirm the judgment of the district court, but we do so on statutory and regulatory rather than constitutional grounds.

BACKGROUND

The appellees are Salvadoran and Guatemalan nationals who entered the United States along the Mexican border without inspection, hoping ultimately to obtain asylum. Most of the aliens, after their arrests, were detained at an immigration detention center in Florence, Arizona, until they could ar *1287 range to be released on bond.…