Xochitl Hernandez v. Jefferson Sessions

I agree that the district court did not abuse its discretion when it decided to issue a preliminary injunction requiring the consideration of “financial ability” and “alternative conditions of supervision”1 in making determinations regarding the release of aliens who have been detained pursuant to 8 U.S.C. § 1226(a). However, I do not agree with the breadth of the in-junctive order that was issued. Thus, I respectfully concur in part and dissent in part..

A. Concurrence

While I do generally concur in the merits decision itself (including parts I and II and the portion of the opinion which…