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Sb 1070 Opinion (9th Circuit Ct.)

Sb 1070 Opinion (9th Circuit Ct.)

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Published by Carlos Galindo
This is the Ninth Circuit Court Of Appeals Opinion on The United States Vs. Arizona and Janice K. Brewer.
This is the Ninth Circuit Court Of Appeals Opinion on The United States Vs. Arizona and Janice K. Brewer.

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Published by: Carlos Galindo on Apr 11, 2011
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04/12/2011

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FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
 
U
NITED
S
TATES OF
A
MERICA
,
Plaintiff-Appellee,
No. 10-16645v.D.C. No.
S
TATE OF
A
RIZONA
; J
ANICE
K.2:10-cv-01413-SRBB
REWER
, Governor of the State of OPINIONArizona, in her official capacity,
Defendants-Appellants.
Appeal from the United States District Courtfor the District of ArizonaSusan R. Bolton, District Judge, PresidingArgued and SubmittedNovember 1, 2010—San Francisco, CaliforniaFiled April 11, 2011Before: John T. Noonan, Richard A. Paez, andCarlos T. Bea, Circuit Judges.Opinion by Judge Paez;Concurrence by Judge Noonan;Partial Concurrence and Partial Dissent by Judge Bea
4805
Case: 10-16645 04/11/2011 Page: 1 of 87 ID: 7711547 DktEntry: 199-1
 
COUNSEL
John J. Bouma, Robert A. Henry, Joseph G. Adams, JosephA. Kanefield, Office of Governor Janice K. Brewer, for
4809U
NITED
S
TATES
v. S
TATE OF
A
RIZONA
Case: 10-16645 04/11/2011 Page: 2 of 87 ID: 7711547 DktEntry: 199-1
 
defendants-appellants State of Arizona, and Janice K. Brewer,Governor of the State of Arizona.Edwin Kneedler, Deputy United States Solicitor General,Tony West, Assistant Attorney General, Dennis K. Burke,United States Attorney, Beth S. Brinkmann, Deputy AssistantAttorney General, Mark B. Stern, Thomas M. Bondy, MichaelP. Abate, Daniel Tenny, Attorneys, Appellate Staff CivilDivision, Department of Justice, for plaintiff-appellee UnitedStates of America.
OPINION
PAEZ, Circuit Judge:In April 2010, in response to a serious problem of unautho-rized immigration along the Arizona-Mexico border, the Stateof Arizona enacted its own immigration law enforcement pol-icy. Support Our Law Enforcement and Safe NeighborhoodsAct, as amended by H.B. 2162 (“S.B. 1070”), “make[s] attri-tion through enforcement the public policy of all state andlocal government agencies in Arizona.” S.B. 1070 § 1. Theprovisions of S.B. 1070 are distinct from federal immigrationlaws. To achieve this policy of attrition, S.B. 1070 establishesa variety of immigration-related state offenses and defines theimmigration-enforcement authority of Arizona’s state andlocal law enforcement officers.Before Arizona’s new immigration law went into effect, theUnited States sued the State of Arizona in federal districtcourt alleging that S.B. 1070 violated the Supremacy Clauseon the grounds that it was preempted by the Immigration andNationality Act (“INA”), and that it violated the CommerceClause. Along with its complaint, the United States filed amotion for injunctive relief seeking to enjoin implementationof S.B. 1070 in its entirety until a final decision is made about
4810 U
NITED
S
TATES
v. S
TATE OF
A
RIZONA
Case: 10-16645 04/11/2011 Page: 3 of 87 ID: 7711547 DktEntry: 199-1

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