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. 2:20-cv-00780- v. TSZ

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

Respondents-Appellees.

Filed May 30, 2023

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

Order; Statement Respecting the Denial of Rehearing En Banc by Judge Berzon SUMMARY*

Immigration/Habeas/Detention

The panel denied a petition for panel rehearing and denied on behalf of the court a petition for rehearing en banc in a case in which the panel held that federal courts lack jurisdiction to review the discretionary determination that a particular noncitizen in immigration detention poses a danger to the community and so is not entitled to release on bond. Respecting the denial of rehearing en banc, Judge Berzon,…