Asylum seekers detained after entering the United States are entitled to prompt and fair credible fear interviews and, for those found to have credible asylum claims, bond hearings. This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.

The case was filed as a class action in the U.S. District Court for the Western District of Washington. The district court judge rejected the Defendants' attempt to dismiss the case on jurisdictional grounds and certified two nationwide classes of certain individuals seeking credible fear interviews and post-credible fear interview bond hearings. Plaintiffs are represented by the Northwest Immigrant Rights Project, the American Immigration Council, and the American Civil Liberties Union.

In April, the court ordered the government to provide qualifying individuals with bona fide asylum claims with prompt bond hearings. Then, less than two week later, Attorney General Barr issued a decision in Matter of M-S-, 27 I&N 509 (AG 2019), that would have eliminated bond hearings altogether for Padilla bond hearing class members. Matter of M-S- was set to take effect on July 15, 2019, but Plaintiffs challenged it in Padilla.

On July 2, 2019, the district court issued a modified preliminary injunction, affirming that the government must either to provide qualifying individuals with bona fide asylum claims with prompt bond hearings before an immigration judge with a set of procedural protections within seven days of their request or to release them from detention. The government appealed the decision to the Ninth Circuit Court of Appeals. While the decision is on appeal, the Ninth Circuit has determined that part of the preliminary injunction will be stayed: class members are entitled to receive bond hearings, but they will not include the procedural protections ordered by the district court and need not occur within seven days of a request.