What is the test for obtaining an injunction to prevent a defendant from making an initial bond determination?
MultiRegion, United States of America
The following excerpt is from Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017):
First, and most important, the injunction serves the interests of the general public by ensuring that the government's initial bond determination procedures comply with the Constitution. "Generally, public interest concerns are implicated when a constitutional right has been violated, because all citizens have a stake in upholding the Constitution." Preminger v. Principi , 422 F.3d 815, 826 (9th Cir. 2005).
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