Alli v. Decker, No. 10-2297 (3d Cir. 2011)Annotate this Case
Plaintiffs, lawful permanent residents taken into custody based on past convictions, (8 U.S.C. 1182) sought a declaratory judgment that continued detention of putative class members, without bond hearings, violated the Immigration and Nationality Act and the Due Process Clause. The District Court denied class certification and dismissed the class complaint, based on 8 U.S.C. 1252(f)(1), which precludes class actions that seek to "enjoin or restrain the operation of" several immigration statutes. The Third Circuit reversed. The word "restrain" does not encompass classwide declaratory relief.