Arevalo Milan v. Trump, et al
Overview
Overview
The government appealed Judge Holcomb's order granting class certification and preventing the removal of any member of the putative class out of the judicial district.
The Issue
Issue
Whether class certification was properly granted in this Alien Enemies Act removal challenge, and whether an injunction preventing removal of certified class members from the judicial district was warranted.
The Rules
Rule
Class certification requires numerosity, commonality, typicality, and adequacy of representation under Federal Rule of Civil Procedure 23(a). Preliminary injunctions require likelihood of success on the merits, irreparable harm, balance of equities favoring the plaintiff, and that an injunction serves the public interest.
The Application
Analysis
Judge Holcomb found the class met Rule 23 requirements and that plaintiffs demonstrated likelihood of success on their challenge to the Alien Enemies Act invocation, justifying an order protecting class members from removal out of the judicial district pending resolution.
The Conclusion
Conclusion
The government appealed the district court's class certification and preliminary injunction orders; the Ninth Circuit is reviewing whether Judge Holcomb properly applied class action and injunctive relief standards to this constitutional challenge.
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