UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-1828

MARVIN DUBON MIRANDA; AJIBADE THOMPSON ADEGOKE; JOSE DE LA CRUZ ESPINOZA,

Plaintiffs – Appellees, v. MERRICK B. GARLAND, Attorney General; ALEJANDRO N. MAYORKAS, Secretary; MATTHEW T. ALBENCE, Deputy Director and Senior Official Performing the Duties of the Director; DAVID L. NEAL, Director; JANEAN OHIN, Acting Director; WILLIAM DELAUTER, Corrections Bureau Chief; JACK KAVANAGH, Director; DONNA BOUNDS, Warden,

Defendants – Appellants. --------------------------------------------- CONSTITUTIONAL ACCOUNTABILITY CENTER; LEGAL AID JUSTICE CENTER; THE ROUNDTABLE OF FORMER IMMIGRATION JUDGES; AMERICAN IMMIGRATION LAWYERS ASSOCIATION-DC; AYUDA, INC.; THIRTY SOCIAL SCIENCE SCHOLARS AND RESEARCHERS

Amici Supporting Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Senior District Judge. (1:20-cv-01110-CCB)

Argued: October 27, 2021 Decided: May 12, 2022 Amended: May 19, 2022 Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and Michael F. URBANSKI, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson concurred in part and dissented in part, and Judge Urbanski concurred in part and dissented in part.

ARGUED: Courtney Elizabeth Moran, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Carmen Gloria Iguina Gonzalez, AMERICAN CIVIL LIBERTIES UNION, Washington, D.C., for Appellees. ON BRIEF: Jeffrey Bossert Clark, Acting Assistant Attorney General, William C. Peachey, Director, Samuel P. Go, Assistant Director, Susan M. Imerman, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Nicholas T. Steiner, Sonia Kumar, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF MARYLAND, Baltimore, Maryland; Michael K.T. Tan, ACLU FOUNDATION IMMIGRANTS’ RIGHTS PROJECT, New York, New York; Jenny Kim, Melody Vidmar, Adina Appelbaum, Claudia Cubas, CAPITAL AREA IMMIGRANTS’ RIGHTS COALITION, Washington, D.C.; Deborah K. Marcuse, Clare J. Horan, Austin L. Webbert, Whittney L. Barth, Lucy Zhou, Baltimore, Maryland, Saba Bireda, SANFORD HEISLER SHARP, LLP, Washington, D.C., for Appellees. Elizabeth B. Wydra, Brianne J. Gorod, Brian R. Frazelle, Dayna J. Zolle, CONSTITUTIONAL ACCOUNTABILITY CENTER, Washington, D.C., for Amicus Constitutional Accountability Center. Andrew J. Ewalt, Amna Arshad, Justin C. Simeone, Andrew T. Bulovsky, Washington, D.C., Hannah Khalifeh, FRESHFIELDS BRUCKHAUS DERINGER US LLP, New York, New York; Simon Sandoval-Moshenberg, Rebecca Wolozin, Kristin Donovan, LEGAL AID JUSTICE CENTER, Falls Church, Virginia, for Amicus Legal Aid Justice Center. Madeline J. Cohen, Theodore A. Howard, WILEY REIN LLP, Washington, D.C., for Amicus The Roundtable of Former Immigration Judges. Rene Kathawala, ORRICK, HERRINGTON & SUTCLIFFE LLP, New York, New York, for Amici Thirty Social Science Scholars and Researchers. Sam Bragg, ALSTON & BIRD LLP, Dallas, Texas, for Amici The Washington D.C. Chapter of the American Immigration Lawyers Association and Ayuda.

2 QUATTLEBAUM, Circuit Judge:

8 U.S.C. § 1226(a) permits the Attorney General to detain aliens 1 pending their removal hearings. And the Attorney General has adopted procedures for making that discretionary decision. Under those procedures, an alien is given notice and three opportunities to seek release by showing they are neither a flight risk nor a danger to the community.

A district court determined that a class of aliens had a likelihood of establishing that those proced