Page:Kirstjen M. Nielsen, Secretary of Homeland Security, et al. v. Mony Preap, et al..pdf/39

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NIELSEN v. PREAP

Opinion of Thomas, J.

individual interest expires.” United States Parole Comm’n v. Geraghty, 445 U. S. 388, 399 (1980). The “inherently transitory” exception is measured from the time that the complaint is filed to the court’s ruling on the motion for class certification. See Genesis HealthCare Corp. v. Symczyk, 569 U. S. 66, 75–77 (2013). In other words, the named plaintiff’s standing in a class action need not exist throughout the lifecycle of the entire lawsuit. Here, Members of the Court have recognized that aliens are held, on average, for one year, and sometimes longer. See Jennings, 583 U. S., at ___ (Breyer, J., dissenting) (slip op., at 3) (noting that detention for aliens is “often lengthy,” sometimes lasting years). I am not persuaded that the plaintiffs’ claims are so “inherently transitory” as to preclude a ruling on class certification, especially since both District Courts certified the classes here within a year of the filing of the complaints. Cf. County of Riverside v. McLaughlin, 500 U. S. 44, 47, 52 (1991) (finding jurisdiction over a class action that challenged a county’s failure to provide “prompt” probable-cause hearings within the 48-hour window for arraignments, as required by state law). *** Because three statutes deprive courts of jurisdiction over respondents’ claims, I would have vacated the judgments below and remanded with instructions to dismiss the cases for lack of jurisdiction. But because the Court has held otherwise and I agree with the Court’s disposition of the merits, I concur in all but Parts II and III–B–2 of its opinion.