Gonzalez v. U.S. Immigration and Customs Enforcement

 Gonzalez v. U.S. Immigration and Customs Enforcement 

A plaintiff had standing to seek prospective relief enjoining the issuance of certain immigration detainers where he faced an ongoing and prospective detention injury when he commenced suit. A proposed class consisting of persons subject to a detainer that was issued solely on the basis of electronic database checks satisfies the commonality and typicality requirements for certification; 8 U.S.C. §1252(b)(9) does not bar claims that challenge the legality of a detention and are independent of the removal process; 8 U.S.C. §1252(f)(1) does not bar injunctive relief for such claims either. The presence or absence of probable cause determines whether the government violates the Fourth Amendment when issuing a detainer, not state law restrictions.

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