University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Khoury v. Asher IM-WA-0021
Docket / Court 2:13-cv-01367-RAJ ( W.D. Wash. )
State/Territory Washington
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Case Summary
On August 1, 2013, immigration detainees filed this lawsuit in the Western District of Washington against the Department of Homeland Security (DHS) and the Department of Justice (DOJ) challenging the government's policy and practice of detaining immigrants in deportation proceedings even when they ... read more >
On August 1, 2013, immigration detainees filed this lawsuit in the Western District of Washington against the Department of Homeland Security (DHS) and the Department of Justice (DOJ) challenging the government's policy and practice of detaining immigrants in deportation proceedings even when they were released from criminal custody some time earlier. They alleged that this practice violates the Immigration and Nationality Act (INA) and the plaintiffs' due process rights under the Fifth Amendment. The plaintiffs, represented by attorneys from the ACLU of Washington, the ACLU Immigrants' Rights Project, the Northwest Immigrant Rights Project, and the firm of Gibbs Houston Pauw, are seeking class certification and injunctive and declaratory relief. In particular, plaintiffs are requesting individualized bond hearings.

The plaintiffs were lawful permanent residents who were convicted of crimes and were released from criminal custody long before they were detained by ICE. When detained by ICE, they were held in mandatory detention. Plaintiffs alleged that ICE has misapplied the mandatory detention statute, 8 U.S.C § 1226(c), to individuals like them who have been living in the United States for years since their release without incident. They argued that the statute only allows mandatory detention for people who are convicted of certain crimes and who are taken into immigration custody at the time they are released from the criminal justice system for such a crime.

On October 7, 2013, the court (Judge Richard A. Jones) terminated the defendants' motion for a scheduling conference and the plaintiffs' motion for summary judgment and a permanent injunction. The court found that the case could be resolved based on the plaintiffs' motion for a preliminary injunction and the defendants' motion to dismiss.

On March 11, 2014, the court granted the plaintiffs’ motion for class certification, certifying under Rule 23(b)(2) “[a]ll individuals in the Western District of Washington who the government asserts or will assert are subject to mandatory detention under 8 U.S.C. § 1226(c) and who were not taken into immigration custody immediately upon their release from criminal custody for an offense referenced in § 1226(c)(1).” Khoury v. Asher, 3 F.Supp.3d 877, 890 (W.D. Wash. 2014). The court dismissed the plaintiffs’ motion for a preliminary injunction without prejudice, but issued declaratory relief in the following form: “The government may not subject an alien to mandatory detention via 8 U.S.C. § 1226(c) unless the government took the alien into custody immediately upon his release from custody for an offense described in subparagraphs (1)(A) through (1)(D) of § 1226(c).”

On April 9, 2014, the court entered judgment for the plaintiffs, and the defendants appealed the class certification to the 9th Circuit. The parties argued the appeal on July 8, 2015. The appeal is still pending.

Jennifer Bronson - 11/11/2013
Allison Hight - 03/27/2016

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Issues and Causes of Action
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Constitutional Clause
Due Process
Over/Unlawful Detention
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Department of Homeland Security
Department of Justice
Plaintiff Description Immigration detainees
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Class action status sought Yes
Class action status granted Pending
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

2:13-cv-1367 (W.D. Wash.) 05/08/2015
IM-WA-0021-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint and Petition for Writ of Habeas Corpus 08/01/2013
IM-WA-0021-0001 PDF | Detail
Document Source:
Plaintiffs-Petitioners' Motion for Class Certification 08/01/2013
IM-WA-0021-0002 PDF | Detail
Document Source:
Order 03/11/2014 (3 F.Supp.3d 877) (W.D. Wash.)
IM-WA-0021-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Bloomberg Law
Order Adopting Parties' Stipulation and Directing Entry of Judgment 04/09/2014 (W.D. Wash.)
IM-WA-0021-0004 PDF | Detail
Document Source: Bloomberg Law
Judges Jones, Richard A. (W.D. Wash.)
IM-WA-0021-0003 | IM-WA-0021-0004 | IM-WA-0021-9000
Monitors/Masters None on record
Plaintiff's Lawyers Adams, Matthew (Washington)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Baker, La Rond (Washington)
Dunne, Sarah A. (Washington)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Lee, Eunice (New York)
Mehta, Sarah L. (New York)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Pauw, Robert (Washington)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Rabinovitz, Judy (New York)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Strawn, Christopher (Washington)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Tan, Michael (New York)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Tao, Betsy P. (Washington)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Theriot-Orr, Devin T. (Washington)
IM-WA-0021-0001 | IM-WA-0021-0002 | IM-WA-0021-9000
Defendant's Lawyers Belsan, Timothy Michael (District of Columbia)
Chen, Hans (District of Columbia)
Warlick, Lori B. (District of Columbia)
Other Lawyers None on record

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