Duncan Roy v. County of Los Angeles

I. FACTUAL BACKGROUND

The facts of this case are well known to the parties. In 2012, Plaintiffs brought an action challenging the policies of ICE relating to its issuance of immigration detainers— requests that local, state, or federal law enforcement agencies (“LEAs”) hold individuals that have been arrested for up to 48 hours beyond their otherwise release date and notify ICE of an individual’s request to allow ICE to arrest the individual and determine what action should be taken regarding immigration proceedings. and practice of issuing detainers based on a person’s foreign birth and no records in an immigration database. Order re: Summary Judgment at 34. In 2015, DHS announced that immigration detainers would no longer be issued based on foreign birth-no match. See Dkt. No. 296-8 ¶ 140. ICE admitted that evidence of a foreign birth and no match in a federal immigration database was not probable cause of removability, however argued at summary judgment that Plaintiffs’ motion was moot because ICE voluntarily ceased to issue foreign-born no match detainers. Over this argument, the Court granted summary judgment. ICE moved for the Court to reconsider the decision, and…