Mayorkas

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE ORLANDO CANCINO Case No. 17-cv-00491-BAS-AHG CASTELLAR, et al.,

ORDER DENYING PLAINTIFFS’

Plaintiffs, MOTION FOR v. RECONSIDERATION (ECF No. 137)

ALEJANDRO MAYORKAS, et al., 15 Defendants. 16 17 In this motion for reconsideration, Plaintiffs1 ask the Court to reinstate their Fourth Amendment claims in light of Gonzalez v. U.S. Immigr. & Customs Enf’t, 975 F.3d 788 (9th Cir. 2020), and Dep’t of Homeland Sec. v. Regents of Univ. of Cal., 140 S. Ct. 1891 (2020). The Court is asked to decide whether the two cases constitute an intervening change in controlling law that requires altering the Court’s prior rulings. In the prior rulings, the Court found that: (1) 8 U.S.C. § 1252(b)(9) bars jurisdiction over Plaintiffs’ Fourth Amendment claim challenging continued detention beyond 48 hours without a determination of probable cause by a neutral decisionmaker (ECF No. 56 at 11–13) and (2) 8 U.S.C. § 1252(g) bars jurisdiction over…