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Case: United States v. Arizona

2:10-cv-01413 | U.S. District Court for the District of Arizona

Filed Date: July 6, 2010

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 6, 2010, the United States filed this lawsuit in the U.S. District Court of Arizona against the State of Arizona and the Governor. The plaintiff, represented by the Department of Justice (DOJ), sought declaratory and injunctive relief, against the recently enacted S.B. 1070, which contained several provisions designed to "discourage and deter the unlawful entry and presence of aliens" in Arizona. The DOJ argued that S.B. 1070 was a violation of the Supremacy Clause and the Commerce Clau…

On July 6, 2010, the United States filed this lawsuit in the U.S. District Court of Arizona against the State of Arizona and the Governor. The plaintiff, represented by the Department of Justice (DOJ), sought declaratory and injunctive relief, against the recently enacted S.B. 1070, which contained several provisions designed to "discourage and deter the unlawful entry and presence of aliens" in Arizona. The DOJ argued that S.B. 1070 was a violation of the Supremacy Clause and the Commerce Clause of the U.S. Constitution, and that it was preempted by federal law. The DOJ filed a motion for a preliminary injunction the same day to enjoin the defendant from enforcing S.B. 1070 until the Court made a determination as to its constitutionality. Specifically, the DOJ claimed that S.B. 1070 impermissibly infringed on the federal government's right to enact and enforce immigration policy.

Note that this case was related to two others, Friendly House v. Whiting and League of United Latin American Citizens v. Arizona, in which plaintiffs filed suit against the State of Arizona also seeking declaratory and injunctive relief to prevent the implementation of S.B. 1070.

On July 28, 2010, the court (Judge Susan R. Bolton) granted in part and denied in part the plaintiff's Motion for Preliminary Injunction. (703 F.Supp.2d 980). The court found that the DOJ was not likely to succeed on the merits in showing that certain provisions of the legislation were preempted by federal law, but that the DOJ was likely to succeed on other provisions. Some of the enjoined provisions included a portion of Section 2 of S.B. 1070 "requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States" and Section 3 of S.B. 1070 "requiring verification of the immigration status of any person arrested prior to releasing that person and creating a crime for the failure to apply for or carry alien registration papers."

In the two weeks immediately following the complaint filing, several groups filed motions for amicus briefs, including a collection of states in support of the defendants and the American Bar Association in support of the DOJ. The court denied these amicus pleadings in an order on September 3, 2010, as moot, because the court had not considered the briefs before issuing the preliminary injunction.

Immediately following the issuance of the preliminary injunction, the defendants filed an interlocutory appeal to the U.S. Court of Appeals, 9th Circuit. The 9th Circuit (Judge Paez) upheld the district court's decision in an opinion filed on April 11, 2011. The court found that Congress intended for "systematic state immigration enforcement (to) occur under the direction and close supervision of the Attorney General" and that S.B. 1070 on its face impermissibly interfered with that intent. The court affirmed the preliminary injunction as issued by the district court. (641 F.3d 339)

The defendants appealed that ruling to the U.S. Supreme Court. The Supreme Court granted cert on December 12, 2011, and arguments were held April 25, 2012.

On June 25, 2012, Justice Kennedy announced the decision of the Court, affirming in part and reversing in part. The Court held that several provisions of S.B. 1070 were properly enjoined but declined to strike down Section 2(B), which required state police to check the immigration status of people arrested under non-immigration state law. However, the Court did not uphold the provision either, instead deciding that if it was construed to not authorize extra detention time, it might be constitutional. (183 L.Ed.2d 351). On August 8, 2012, the Ninth Circuit (Judges John T. Noonan, Richard A. Paez, and Carlos T. Bea) returned the case to the district court for "further proceedings consistent with the opinion and judgment of the Supreme Court." (2012 WL 3205612)

On September 18, 2012, pursuant to the stipulation between the parties and the prior Supreme Court ruling, the district court dissolved the preliminary injunction of Section 2(B) of S.B. 1070. The court also permanently enjoined Sections 3 and 6, which created criminal penalties for immigrant who did not federally register or carry federal registration documents, and authorized law enforcement officers to arrest without a warrant anyone they had probable cause to believe committed a removable public offense.

On March 7, 2013, the parties filed a joint status report indicating two of the plaintiff's claims remained unresolved: (1) plaintiff's claim regarding Section 2(B), and (2) plaintiff's claim against Section 4 of S.B. 1070, which amended the Arizona statute that established criminal penalties for "smuggling of human beings for profit or commercial purpose." The parties agreed to the voluntary dismissal without prejudice of plaintiff's claim against Section 2(B) in light of the Supreme Court decision. The parties proposed that adjudication of plaintiff's claim against Section 4 of S.B. 1070 be stayed pending the Ninth Circuit's decision in Valle del Sol, Inc. v. Whiting (No. 12-17152), because the courts' resolution in that case was likely to have an effect on the smuggling provision in Section 4. The plaintiffs in that case challenged a portion of Section 5 of S.B. 1070 that imposes criminal penalties under certain circumstances for transporting or harboring an unlawfully present alien and encouraging or inducing an alien to enter or reside in Arizona in violation of law.

On October 8, 2013, the Ninth Circuit Court issued a decision in Valle del Sol, Inc. v. Whiting, 2013 WL 5526525. The court found that the challenged provision was both void for vagueness and preempted by federal law. The court therefore affirmed the district court's preliminary injunction against the provision. On April 21, 2014, the Supreme Court denied the writ of certiorari filed by the State and Governor of Arizona in Valle del Sol, thus ending any further review of the Ninth Circuit decision.

On May 29, 2014, the parties notified the court that they had reached an agreement in principle to resolve the plaintiff’s claims regarding Sections 2(B) and 5 of S.B. 1070, under which the United States dismissed without prejudice its facial challenge to Section 2(B) of S.B. 1070, and the defendants stipulated to a permanent injunction against implementation of Section 5 of S.B. 1070. The parties noted that they had not been able to reach any agreement regarding Section 4 of S.B. 1070. On June 9, 2014, the court ordered all claims in the United States’ complaint challenging on its face Section 2(B) of S.B. 1070 to be dismissed without prejudice and Section 5 be permanently enjoined.

On July 18, 2014, the U.S. moved for judgment regarding the one claim remaining in this action challenging Section 4 of S.B. 1070. On November 7, 2014, the court granted U.S.'s motion for judgment, stating that the Ninth Circuit’s holding in Valle del Sol Inc. v. Whiting dictated that federal law preempted the state law on both field and conflict preemption grounds.

On January 6, 2015, the defendants filed an appeal in 9th Circuit Court of Appeals, but subsequently filed a motion to dismiss. The case is now closed.

Summary Authors

Elizabeth Daligga (6/25/2012)

Jennifer Bronson (11/25/2013)

Ginny Lee (5/26/2017)

Virginia Weeks (3/4/2018)

Related Cases

Friendly House v. Whiting, District of Arizona (2010)

League of United Latin American Citizens v. Arizona, District of Arizona (2010)

Utah Coalition of La Raza v. Herbert, District of Utah (2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4133125/parties/united-states-v-arizona-state-of/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Bea, Carlos T. (California)

Bolton, Susan Ritchie (Arizona)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Noonan, John T. Jr. (California)

Paez, Richard A. (California)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Bea, Carlos T. (California)

Bolton, Susan Ritchie (Arizona)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Noonan, John T. Jr. (California)

Paez, Richard A. (California)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Chilakamarri, Varu (District of Columbia)

Delery, Stuart F. (District of Columbia)

Goldberg, Arthur Robert (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Leonardo, John S. (District of Columbia)

Simpson, W. Scott (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Wilkenfeld, Joshua (District of Columbia)

Attorneys(s) for Defendant

Adams, Joseph G (Arizona)

Bouma, John J (Arizona)

Clement, Paul D. (District of Columbia)

Cole, David Robert (Arizona)

Henry, Robert Arthur (Arizona)

Hiller, Evan Franklin (Arizona)

Horne, Thomas C. (Arizona)

Kanefield, Joseph Andrew (Arizona)

Kszywienski, Kelly Ann (Arizona)

Sciarrotta, Joseph Jr. (Arizona)

Tryon, G Michael (Arizona)

Other Attorney(s)

Alexander, Rachel (Arizona)

Barkow, Anthony S. (New York)

Bekesha, Michael (District of Columbia)

Bergin, Brian McCormack (Arizona)

Casey, Timothy James (Arizona)

Collins, Gregory Blain (Arizona)

Dill, Sara Elizabeth (Illinois)

Frakes, Kenneth Michael (Arizona)

Gentala, Peter Andrew (Arizona)

Gonzalez−Melendez, Erica Rose (Arizona)

Hardy, David T. (Arizona)

Hethmon, Michael M. (District of Columbia)

Irion, Van (Tennessee)

Jakubczyk, John Joseph (Arizona)

Jernigan, Greg (Arizona)

Jimenez, Augustine B. III (Arizona)

Kercsmar, Geoffrey S. (Arizona)

Klayman, Larry (District of Columbia)

Lamm, Carolyn B. (District of Columbia)

London, Ellen (New York)

Mackin, Kristin Marie (Arizona)

Martinez, Richard Moreno (Arizona)

May, Colby M. (District of Columbia)

Meehan, Michael J. (Arizona)

Milgram, Anne (New York)

Montoya, Stephen G. (Arizona)

Murray, Jeffrey James (Arizona)

Murzyn, Jessica Alexandra (New York)

Orfanedes, Paul J (District of Columbia)

Parker, Richard (Virginia)

Peters, Donald M. (Arizona)

Peterson, James F. (District of Columbia)

Restuccia, B. Eric (Michigan)

Roe, Garrett R. (District of Columbia)

Sands, Mark (Michigan)

Sekulow, Jay Alan (District of Columbia)

Silverman, Andrew (Arizona)

Solano, Ricardo Jr. (New Jersey)

Zack, Stephen N (Florida)

Zall, Barnaby W (Maryland)

Documents in the Clearinghouse

Document

2:10-cv-01413

Docket [PACER]

United States v. State of Arizona

April 8, 2015

April 8, 2015

Docket
1

2:10-cv-01413

Complaint

July 6, 2010

July 6, 2010

Complaint
27

2:10-cv-01413

Plaintiff's Motion for a Preliminary Injunction and Memorandum of Law in Support Therof

July 7, 2010

July 7, 2010

Pleading / Motion / Brief
14

2:10-cv-01413

Motion for Leave to File Brief of Amicus Curiae The Center on the Administration of Criminal Law

July 8, 2010

July 8, 2010

Pleading / Motion / Brief
30

2:10-cv-01413

Motion and Memorandum for Request to File Brief of Amici Curiae Michigan, Florida, Alabama, Nebraska, Northern Mariana Islands, Pennsylvania, South Carolina, South Dakota, Texas, and Virginia

July 14, 2010

July 14, 2010

Pleading / Motion / Brief
87

2:10-cv-01413

Order

July 28, 2010

July 28, 2010

Order/Opinion
118

2:10-cv-01413

Order

Sept. 3, 2010

Sept. 3, 2010

Order/Opinion
138

2:10-cv-01413

The State of Arizona and Governor Janice K. Brewer's Answer and Counterclaims

Feb. 10, 2011

Feb. 10, 2011

Pleading / Motion / Brief
166-1

2:10-cv-01413

Opinion

U. S. Court of Appeals for the Ninth Circuit

April 11, 2011

April 11, 2011

Order/Opinion
171

2:10-cv-01413

Order

Oct. 21, 2011

Oct. 21, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4133125/united-states-v-arizona-state-of/

Last updated Dec. 4, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT., filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Chilakamarri, Varu) (Entered: 07/06/2010)

1 Civil Cover Sheet

View on RECAP

2 Summons

View on PACER

3 Summons

View on PACER

July 6, 2010

July 6, 2010

RECAP
2

This case has been assigned to the Honorable Neil V. Wake. All future pleadings or documents should bear the correct case number: CV 10-1413-PHX-NVW. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
3

Notice of availability of Magistrate Judge (BAS) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
4

Summons Issued as to Arizona, State of, Janice K Brewer. (Attachments: # 1 Janice K Brewer)(BAS). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
5

MOTION for Leave to File Excess Pages Motion for Leave to File Motion for a Preliminary Injunction in Excess of the Page Limit by United States of America. (Attachments: # 1 Text of Proposed Order)(Chilakamarri, Varu) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
6

LODGED Proposed Plaintiff's Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof re: 5 MOTION for Leave to File Excess Pages Motion for Leave to File Motion for a Preliminary Injunction in Excess of the Page Limit. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Text of Proposed Order)(Chilakamarri, Varu) (Entered: 07/06/2010)

1

View on RECAP

2

View on RECAP

3

View on PACER

4

View on PACER

5

View on PACER

6

View on PACER

7

View on PACER

8

View on RECAP

9

View on PACER

10

View on PACER

11

View on RECAP

July 6, 2010

July 6, 2010

RECAP
7

Notice re Notice of Filing of Motion to Transfer Case by United States of America (Attachments: # 1 Filed Motion to Transfer Case, # 2 Filed Proposed Order for Motion to Transfer Case)(Chilakamarri, Varu) (Entered: 07/06/2010)

1

View on RECAP

2

View on PACER

July 6, 2010

July 6, 2010

PACER
8

MOTION for Motion for Issuance of an Expedited Briefing Schedule Regarding Plaintiff's Motion for a Preliminary Injunction by United States of America. (Attachments: # 1 Text of Proposed Order)(Wilkenfeld, Joshua) (Entered: 07/06/2010)

1

View on PACER

July 6, 2010

July 6, 2010

PACER
9

Minute Order: On the Court's Own Motion, Telephonic Conference set for 7/7/2010 at 02:00 PM before Judge Susan R Bolton. The Court will initiate the conference call. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
10

ORDER granting Plaintiff's Motion to Transfer [doc. 44 in CV 10-926 PHX SRB]. IT IS FURTHER ORDERED transferring CV 10-1413 PHX NVW to Judge Susan R. Bolton for all further proceedings. All future pleadings shall bear the following case caption: CV 10-1413 PHX SRB. Signed by Judge Susan R Bolton on 07/07/10. (ESL) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

RECAP
11

MOTION for Admission Pro Hac Vice as to attorney Ricardo Solano Jr on behalf of Center on the Administration of Criminal Law. (BAS) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
12

Minute Entry. Proceedings held before Judge Susan R Bolton: Telephonic Conference held on 7/7/2010. Granting Pla's Motion to Transfer. Transferring CV 10-1413 PHX NVW to this Court. All future pleadings shall bear the following case caption: CV 10-1413 PHX SRB; granting Pla's 5 Motion to Exceed Page Limit. Pla's lodged Motion for Preliminary Injunction shall be filed as of this date. FURTHER ORDERED setting Preliminary Injunction Hearing on 07/22/10, at 1:30 p.m.. FURTHER ORDERED granting Pla's 8 Motion for Issuance of an Expedited Briefing Schedule. (Court Reporter Elizabeth Lemke.) (NOTE: See attached pdf for complete details and deadlines) (ESL) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
13

ORDER pursuant to General Order 05-25 granting 11 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
27

MOTION for Preliminary Injunction by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Text of Proposed Order)(ESL) (Entered: 07/12/2010)

July 7, 2010

July 7, 2010

RECAP

Pro Hac Vice Fee Paid

July 7, 2010

July 7, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX098655 as to Ricardo Solano, Jr. (BAS)

July 7, 2010

July 7, 2010

PACER
14

MOTION for Leave to File Brief of Amicus Curiae by Center on the Administration of Criminal Law. (Solano, Ricardo) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
15

LODGED Proposed Brief of Amicus Curiae the Center on the Administration of Criminal Law in Support of Plaintiff's Motion for a Preliminary Injunction re: 14 MOTION for Leave to File Brief of Amicus Curiae. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Center on the Administration of Criminal Law. (Solano, Ricardo) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
16

ORDER: On June 8, 2010, Amicus Curiae Center on the Administration of Criminal Law filed a Motion for Leave to File Brief of Amicus Curiae 14 . IT IS ORDERED that the motion will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Page 12, Section G, specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 7/8/10. (MAW) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
17

Additional Attachments to Main Document re 14 MOTION for Leave to File Brief of Amicus Curiae Text of Proposed Order by Amicus Center on the Administration of Criminal Law. (Solano, Ricardo) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
18

ORDER, the Court advises counsel that the hearing scheduled for July 22, 2010, at 1:30 p.m. will be held in Special Proceedings Courtroom #200. Signed by Judge Susan R Bolton on 7/8/10. (REW) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
19

SUMMONS Returned Executed; Arizona, State of served on 7/6/2010. (REW) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
20

SUMMONS Returned Executed; Janice K Brewer served on 7/6/2010. (REW) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
21

MOTION for Admission Pro Hac Vice as to attorney Anthony S Barkow on behalf of Center on the Administration of Criminal Law. (BAS) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
22

MOTION for Admission Pro Hac Vice as to attorney Ellen London on behalf of Center on the Administration of Criminal Law. (BAS) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
23

MOTION for Admission Pro Hac Vice as to attorney Jessica A Murzyn on behalf of Center on the Administration of Criminal Law. (BAS) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
24

MOTION for Admission Pro Hac Vice as to attorney Anne Milgram on behalf of Center on the Administration of Criminal Law. (BAS) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
25

ORDER pursuant to General Order 05-25 granting 21 Motion for Admission Pro Hac Vice; granting 22 Motion for Admission Pro Hac Vice; granting 23 Motion for Admission Pro Hac Vice; granting 24 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
26

NOTICE of Appearance by John J Bouma on behalf of Arizona, State of, Janice K Brewer (Bouma, John) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX098756 as to Ellen London. (BAS)

July 8, 2010

July 8, 2010

PACER

Pro Hac Vice Fee Paid

July 8, 2010

July 8, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX098759 as to Anne Milgram. (BAS)

July 8, 2010

July 8, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX098758 as to Jessica A Murzyn. (BAS)

July 8, 2010

July 8, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX098760 as to Anthony S Barkow. (BAS)

July 8, 2010

July 8, 2010

PACER

Notice of Request for E-Notices

July 12, 2010

July 12, 2010

PACER

Notice of request for e-notices by Michael M. Walker. (Walker, Michael)

July 12, 2010

July 12, 2010

PACER
28

NOTICE of Appearance by Timothy James Casey on behalf of Michigan, Florida, Alabama, Nebraska, Northern Mariana Islands, Pennsylvania, South Carolina, South Dakota, Texas, and Virginia (Casey, Timothy) Modified on 7/16/2010 CORRECTED: filers (REW). (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
29

NOTICE of Appearance by Timothy James Casey on behalf of Michigan, Florida, Alabama, Nebraska, Northern Mariana Islands, Pennsylvania, South Carolina, South Dakota, Texas, and Virginia (Casey, Timothy) Modified on 7/16/2010 CORRECTED: filers (REW). (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
30

MOTION and Memorandum for Request to File Brief of Amici Curiae by Michigan, Florida, Alabama, Nebraska, Northern Mariana Islands, Pennsylvania, South Carolina, South Dakota, Texas, and Virginia. (Casey, Timothy) Modified on 7/16/2010 CORRECTED: filers (REW). (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
31

Additional Attachments to Main Document [Proposed] Order re 30 MOTION and Memorandum for Request to File Brief of Amici Curiae by Michigan, Florida, Alabama, Nebraska, Northern Mariana Islands, Pennsylvania, South Carolina, South Dakota, Texas, and Virginia . (Casey, Timothy) Modified on 7/16/2010 CORRECTED: filers (REW). (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
32

LODGED Proposed Document: Proposed Brief of Amici Curiae re 30 MOTION Memorandum for Request to File Brief of Amici Curiae. Document to be filed by Clerk if Motion to Leave to File is granted. Filed by Michigan, Florida, Alabama, Nebraska, Northern Mariana Islands, Pennsylvania, South Carolina, South Dakota, Texas, and Virginia. (Casey, Timothy) Modified on 7/16/2010 CORRECTIONS: document event and filers (REW). (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
33

MOTION to Intervene as Defendant and Request for Expedited Ruling by Russell K Pearce. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kercsmar, Geoffrey) (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

RECAP
34

MOTION to File Amicus Curiae by American Bar Association. (Dill, Sara) Modified on 7/16/2010 CORRECTION: filer (REW). (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
35

LODGED Proposed re: 34 MOTION to File Amicus Curiae. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by American Bar Association. (Dill, Sara) Modified on 7/16/2010 CORRECTION: filer (REW). (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

RECAP
36

MOTION for Admission Pro Hac Vice as to attorney Sara Elizabeth Dill by American Bar Association. (Dill, Sara) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
37

AMENDED MOTION to File Amicus Curiae by American Bar Association. (Dill, Sara) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
38

NOTICE TO FILER OF DEFICIENCY re 36 MOTION for Admission Pro Hac Vice as to attorney Sara Elizabeth Dill filed by American Bar Association. Description of deficiency: certificate of good standing is missing. Follow up is required. Please see attached pdf for complete details. (ESL) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
39

MOTION for Admission Pro Hac Vice as to attorney Stephen N. Zack by American Bar Association. (Zack, Stephen) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
40

ORDER pursuant to General Order 05-25 granting 39 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
41

MOTION for Admission Pro Hac Vice as to attorney Barnaby W. Zall by American Unity Legal Defense Fund, Inc.. (Attachments: # 1 Certificate of Good Standing)(Zall, Barnaby) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
42

ORDER pursuant to General Order 05-25 granting 41 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX099044 as to Barnaby W Zall. (BAS)

July 15, 2010

July 15, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX099033 as to Stephen N Zack. (BAS)

July 15, 2010

July 15, 2010

PACER

Pro Hac Vice Fee Paid

July 15, 2010

July 15, 2010

PACER
43

NOTICE of Appearance by Andrew Silverman on behalf of American Bar Association (Silverman, Andrew) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
44

MOTION to Consolidate Cases by David Salgado, Chicanos Por La Causa, Inc.. (Montoya, Stephen) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
46

MOTION for Leave to Appear Amicus (in Support of Dfts in this cause) by Ray Elbert Parker. (REW) (Entered: 07/19/2010)

July 16, 2010

July 16, 2010

PACER
47

LODGED Proposed Amicus Curiae Brief re: 46 MOTION for Leave to Appear: Amicus. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Ray Elbert Parker. (REW) (Entered: 07/19/2010)

July 16, 2010

July 16, 2010

PACER
45

RESPONSE in Opposition re 33 MOTION to Intervene as Defendant and Request for Expedited Ruling filed by United States of America. (Chilakamarri, Varu) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

RECAP
48

NOTICE of Appearance by Edwin Smiley Kneedler on behalf of United States of America (Kneedler, Edwin) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
49

MOTION to File Amicus Curiae Opposing Motion for Preliminary Injunction by American Unity Legal Defense Fund, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Leave to File Amicus Brief)(Zall, Barnaby) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
50

LODGED Proposed Amicus Brief re: 49 MOTION to File Amicus Curiae Opposing Motion for Preliminary Injunction. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by American Unity Legal Defense Fund, Inc.. (Zall, Barnaby) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
51

Corporate Disclosure Statement by American Unity Legal Defense Fund, Inc.. (Zall, Barnaby) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
52

MOTION for Leave to File Amicus Curiae Memorandum by Arizona Municipal Risk Retention Pool. (Attachments: # 1 Exhibit)(Peters, Donald) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
53

LODGED Proposed Amicus Curiae Memorandum re: 52 MOTION for Leave to File Amicus Curiae Memorandum. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Arizona Municipal Risk Retention Pool. (Peters, Donald) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
54

MOTION to Join the Parties, in Support of State of Arizona's SB 1070 Immigration Law by Mariette Do-Nguyen. (Attachments: # 1 Exhibits) (NOTE: Exhibit F is a book)(REW) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER

Notice of Request for E-Notices

July 19, 2010

July 19, 2010

PACER

Notice of request for e-notices by Michael J. Meehan. (Meehan, Michael)

July 19, 2010

July 19, 2010

PACER
55

LODGED Proposed PROPOSED MEMORANDUM IN RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION re: 33 MOTION to Intervene. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Russell K Pearce. (Kercsmar, Geoffrey) CORRECTION: document linked incorrectly. Modified on 7/20/2010 (ESL). (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
56

REPLY to Response to Motion re 33 MOTION to Intervene as Defendant and Request for Expedited Ruling filed by Russell K Pearce. (Kercsmar, Geoffrey) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

RECAP
57

MOTION to File Amicus Curiae supporting Defendants by Washington Legal Foundation. (Hardy, David) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
58

MOTION for Admission Pro Hac Vice as to attorney Sara Elizabeth Dill by American Bar Association. (Attachments: # 1 Certificate of Good Standing)(Dill, Sara) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
59

LODGED Proposed Amicus supporting Defendant re: 57 MOTION to File Amicus Curiae supporting Defendants. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Washington Legal Foundation. (Attachments: # 1 Text of Proposed Order)(Hardy, David) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
60

Corporate Disclosure Statement by Washington Legal Foundation, Allied Educational Foundation, National Border Patrol Council. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hardy, David) Modified on 7/20/2010 to add additional filers. (ESL). (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
61

LODGED Proposed Amended Proposed Memorandum in Response to Plaintiff's Motion for Preliminary Injunction re: 27 MOTION for Preliminary Injunction. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Russell K Pearce. (Kercsmar, Geoffrey) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

RECAP
62

MOTION for Leave to File Excess Pages for Response to Motion for Preliminary Injunction by Arizona, State of, Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Bouma, John) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
63

LODGED Proposed Response to Motion for Preliminary Injunction. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Arizona, State of, Janice K Brewer. (Bouma, John) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

RECAP
64

Additional Attachments to Main Document re 63 Lodged Proposed Document Index - Exhibit P by Defendants Arizona, State of, Janice K Brewer. (Attachments: # 1 Exhibit Q-Y, # 2 Exhibit Z, 1, 2, # 3 Exhibit 3-8, # 4 Exhibit 9-33, # 5 Exhibit 34-41)(Bouma, John) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
65

MOTION to File Amicus Curiae by Rodney Alexander, Michele Bachmann, Spencer Bachus, John Barrasso, Gresham Barrett, Brian Bilbray, Gus Bilirakis, Rob Bishop, Marsha Blackburn, John Boozman, Kevin Brady, Paul Broun, Ginny Brown-Waite, Michael Burgess, Ken Calvert, John Campbell, John Carter, Jason Chaffetz, Howard Coble, Mike Coffman, John Culberson, Geoff Davis, Jim Demint, David Dreier, John Duncan, John Fleming, Randy Forbes, Virginia Foxx, Trent Franks, Elton Gallegly, Scott Garrett, Phil Gingrey, Louie Gohmert, Bob Goodlatte, Tom Graves, Wally Herger, Pete Hoekstra, Duncan Hunter, James Inhofe, Lynn Jenkins, Walter Jones, Jim Jordan, Steve King, Jack Kingston, John Kline, Doug Lamborn, Robert Latta, Jerry Lewis, Cynthia Lummis, Michael McCaul, Tom McClintock, Thaddeus McCotter, Patrick McHenry, Gary Miller, Jeff Miller, Jerry Moran, Tim Murphy, Sue Myrick, Randy Neugebauer, Joe Pitts, Todd Platts, Ted Poe, Bill Posey, Tom Price, Phil Roe, Mike Rogers, Dana Rohrabacher, Ed Royce, Jean Schmidt, John Shadegg, Mike Simpson, Lamar Smith, Cliff Stearns, John Sullivan, Gene Taylor, Todd Tiahrt, David Vitter, Ed Whitfield, Roger Wicker, Rob Wittman. (Meehan, Michael) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
66

MOTION to File Amicus Curiae by Rodney Alexander, Michele Bachmann, Spencer Bachus, John Barrasso, Gresham Barrett, Brian Bilbray, Gus Bilirakis, Rob Bishop, Marsha Blackburn, John Boozman, Kevin Brady, Paul Broun, Ginny Brown-Waite, Michael Burgess, Ken Calvert, John Campbell, John Carter, Jason Chaffetz, Howard Coble, Mike Coffman, John Culberson, Geoff Davis, Jim Demint, David Dreier, John Duncan, John Fleming, Randy Forbes, Virginia Foxx, Trent Franks, Elton Gallegly, Scott Garrett, Phil Gingrey, Louie Gohmert, Bob Goodlatte, Tom Graves, Wally Herger, Pete Hoekstra, Duncan Hunter, James Inhofe, Lynn Jenkins(U.S. Representative (KS)), Walter Jones, Jim Jordan, Steve King, Jack Kingston, John Kline, Doug Lamborn, Robert Latta, Jerry Lewis, Cynthia Lummis, Michael McCaul, Tom McClintock(U.S. Representative (CA)), Thaddeus McCotter, Patrick McHenry, Gary Miller(U.S. Representative (CA) ), Jeff Miller, Jerry Moran, Tim Murphy, Sue Myrick, Randy Neugebauer, Joe Pitts, Todd Platts, Ted Poe, Bill Posey, Tom Price, Phil Roe, Mike Rogers, Dana Rohrabacher, Ed Royce, Jean Schmidt, John Shadegg, Mike Simpson, Lamar Smith(U.S. Representative (TX)), Cliff Stearns, John Sullivan, Gene Taylor, Todd Tiahrt, David Vitter, Ed Whitfield, Roger Wicker, Rob Wittman. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Amici Leave to File Brief in Support of Defendants)(Meehan, Michael) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
67

LODGED PROPOSED DOCUMENT: Amicus Curiae re 66 MOTION to File Amicus Curiae Brief of Amici Curiae by Amicus Parties Rodney Alexander, Michele Bachmann, Spencer Bachus, John Barrasso, Gresham Barrett, Brian Bilbray, Gus Bilirakis, Rob Bishop, Marsha Blackburn, John Boozman, Kevin Brady, Paul Broun, Ginny Brown-Waite, Michael Burgess, Ken Calvert, John Campbell, John Carter, Jason Chaffetz, Howard Coble, Mike Coffman, John Culberson, Geoff Davis, Jim Demint, David Dreier, John Duncan, John Fleming, Randy Forbes, Virginia Foxx, Trent Franks, Elton Gallegly, Scott Garrett, Phil Gingrey, Louie Gohmert, Bob Goodlatte, Tom Graves, Wally Herger, Pete Hoekstra, Duncan Hunter, James Inhofe, Lynn Jenkins, Walter Jones, Jim Jordan, Steve King, Jack Kingston, John Kline, Doug Lamborn, Robert Latta, Jerry Lewis, Cynthia Lummis, Michael McCaul, Tom McClintock, Thaddeus McCotter, Patrick McHenry, Gary Miller, Jeff Miller, Jerry Moran, Tim Murphy, Sue Myrick, Randy Neugebauer, Joe Pitts, Todd Platts, Ted Poe, Bill Posey, Tom Price, Phil Roe, Mike Rogers, Dana Rohrabacher, Ed Royce, Jean Schmidt, John Shadegg, Mike Simpson, Lamar Smith, Cliff Stearns, John Sullivan, Gene Taylor, Todd Tiahrt, David Vitter, Ed Whitfield, Roger Wicker, Rob Wittman. to be filed by the Clerk if Motion for Leave to File is granted. (Meehan, Michael) CORRECTION: incorrect event. Modified on 7/21/2010 (ESL). (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

RECAP
68

First MOTION for Leave to file Amicus Brief by Jesse Hernandez. (Alexander, Rachel) CORRECTION: incorrect event selected. Modified on 7/21/2010 (ESL). (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
69

First MOTION to Consolidate Cases by Martin H. Escobar. (Attachments: # 1 Text of Proposed Order)(Martinez, Richard) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
70

ORDER pursuant to General Order 05-25 terminating 36 Motion for Admission Pro Hac Vice; granting 58 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
71

MOTION for Leave to File Amicus Curiae Brief by Matthew D Pinnavaia. (ESL) (Entered: 07/22/2010)

July 21, 2010

July 21, 2010

PACER
72

LODGED Proposed Brief for Amicus Curiae in Support of Defendants State of Arizona and Governor Janice K Brewer re: 71 MOTION for Leave to File Amicus Curiae Brief. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Matthew D Pinnavaia. (ESL) (Entered: 07/22/2010)

July 21, 2010

July 21, 2010

PACER

Notice of Request for E-Notices

July 21, 2010

July 21, 2010

PACER

Notice of request for e-notices by Kenneth D. Nyman. (Nyman, Kenneth)

July 21, 2010

July 21, 2010

PACER

Pro Hac Vice Fee Paid

July 21, 2010

July 21, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX099268 as to Sara Elizabeth Dill. (BAS)

July 21, 2010

July 21, 2010

PACER
73

ORDER granting Dft's 62 Motion for Leave to Exceed the Page Limit. That the proposed response to pla's motion for preliminary injunction, which dfts lodged with this court on 07/20/10, shall be filed with the Clerk of the Court. Signed by Judge Susan R Bolton on 07/22/10.(ESL) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
74

RESPONSE to Motion re 27 MOTION for Preliminary Injunction filed by Arizona, State of, Janice K Brewer. (ESL) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
75

Notice re Certificate of Good Standing by Jesse Hernandez re 68 MOTION for Leave to File Amicus Brief for Larry Klayman (Alexander, Rachel) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

RECAP
76

MOTION for Admission Pro Hac Vice as to attorney Carolyn Beth Lamm on behalf of American Bar Association. (BAS) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
77

ORDER pursuant to General Order 05-25 granting 76 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
78

Minute Entry. Proceedings held before Judge Susan R Bolton: Hearing re Motion for Preliminary Injunction held on 07/22/10. IT IS ORDERED taking under advisement Plaintiff's 27 Motion for Preliminary Injunction. (Court Reporter Elizabeth Lemke.)(ESL) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX099283 as to Carolyn B Lamm. (BAS)

July 22, 2010

July 22, 2010

PACER

Notice of Request for E-Notices

July 22, 2010

July 22, 2010

PACER

Notice of request for e-notices by Louis R. Moffa, Jr., Esquire. (Moffa, Louis)

July 22, 2010

July 22, 2010

PACER

Pro Hac Vice Fee Paid

July 22, 2010

July 22, 2010

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 6, 2010

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arizona, State

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General:

Racial profiling

Search policies

Discrimination-basis:

National origin discrimination

Immigration/Border:

Border police

Criminal prosecution

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Visas - procedures

Work authorization - procedures