Orantes-Hernandez

Orantes-Hernandez v. Holder

Good Law
321 F. App'x 625
United States Court of Appeals for the Ninth CircuitApril 6, 2009Nos. 07-56509, 08-55231California1,715 words

Opinion

Lead Opinion

MEMORANDUM **

The government appeals the district court’s denial of its motion to dissolve a permanent injunction, first entered in 1988 and subsequently modified, mandating that the Immigration and Naturalization Service 1 (“INS”) advise the plaintiff class of Salvadorans of their rights, use specific procedures when detaining, processing and removing plaintiffs, and not coerce plaintiffs into signing voluntary departure agreements. The government also appeals the district court’s consolidation of the provisions of the permanent injunction into one order. We have jurisdiction under 28 U.S.C. § 1292 and we affirm.

*627 I. BACKGROUND

In 1982, plaintiffs challenged the practices and procedures that the INS used to detain, process, and remove Salvadoran nationals. District Court Judge David •Kenyon certified the Orantes class and entered a preliminary injunction. Orantes-Hernandez v. Smith (Orantes I), 541 F.Supp. 351, 354, 372, 385-88 (C.D.Cal.1982). Six years later, in 1988, after conducting an extensive trial from 1985 to 1987, the district court entered a permanent injunction mandating that INS use specific procedures and prohibiting INS from coercing Salvadorans into signing…

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