Legal Opinion
Xochitl Hernandez v. Jefferson Sessions
Court of Appeals for the Ninth Circuit
Decided October 2, 2017No. 16-56829PublishedCited by 1,644 opinions
1Opinion of the Court
OPINION
REINHARDT, Circuit Judge:
“Courts have confronted, in diverse settings, the age-old problem of providing equal justice for poor and rich, weak and powerful alike.”1 In this case, we reaffirm our commitment to this principle of fairness for all as embodied in the Due Process Clause of the Fifth Amendment. Here, it prohibits our government from discriminating against the poor in providing access to fundamental rights, including the freedom from physical restraints on individual liberty.
Deprivations of physical liberty are a pervasive feature of our current system of immigration…
2Cases cited50 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- Jackson v. IndianaSupreme Court of the United States · 1972
- Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co.Court of Appeals for the Ninth Circuit · 2009
- Vijendra K. Singh v HolderCourt of Appeals for the Ninth Circuit · 2011
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3Cited by1,644 opinions
- Erick Arevalo v. Vicki HennessyCourt of Appeals for the Ninth Circuit · 2018
- Al Otro Lado v. Chad WolfCourt of Appeals for the Ninth Circuit · 2020
- Hernandez Lara v. LyonsCourt of Appeals for the First Circuit · 2021
- Velasco Lopez v. DeckerCourt of Appeals for the Second Circuit · 2020
- Saravia v. SessionsDistrict Court, N.D. California · 2017
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