Hernandez v. Garland is a class action lawsuit challenging the federal government's policy and practice of setting bonds for noncitizens in immigration proceedings, without consideration of their ability to pay the bond, that results in the detention of individuals merely because they are poor.

Case Developments

RULING
March 29, 2022
A federal court apporved a settlement that would consider a detained person's financial ability to pay a bond. Read the settlement.

FILING
March 8, 2017
Brief of Amici Curiae, nine retired immigration judges and board of immigration appeals members in support of Plaintiffs-Appellees. Read the Amicus Curiae Brief.

FILING
March 8, 2017
Brief of American Bar Association as Amicus Curiae in Support of Plaintiffs-Appellees. Read the Amicus Curiae Brief.

FILING
March 8, 2017
Brief of Amicus Curiae, University of California, Irvine School of Law - Immigrant Rights Clinic et al. in support of Plaintiffs-Appellees and urging affirmance. Read the Amicus Curiae Brief.

FILING
March 8, 2017
Brief of Amici Curiae, The National Association of Criminal Defense Lawyers and the Center for Legal and Evidence-Based Practices in Support of Appellees. Read the Amici Curiae Brief.

FILING
March 1, 2016
After the District Court granted preliminary injunction, the government appealed the matter to the Ninth Circuit Court of Appeals. Read the Plaintiffs-Appellees' Answering Brief.

ORDER
November 14 , 2016
Read the Order Granting Preliminary Injunction & Class Certification and Denying Motion to Dismiss.

UPDATE
November 14 , 2016
Order granting Plaintiff-Petitioners' motion for class-wide preliminary injunction. Read the Preliminary Injunction Order.

FILING
April 6, 2016
ACLU SoCal and the ACLU Immigrants' Rights Project filed suit. Read the complaint.

Pro Bono Law Firm(s)

Doug Smith, Winston Hsaio, Grayce Frink, Devon Hein, Michael Delgado, Michael Hidalgo

Date filed

April 3, 2016

Court

U.S. District Court Central District of California

Status

Victory!

Case number

CV00620