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STATE OF CALIFORNIA v. DEPARTMENT OF JUSTICE

No. 96-5264.

114 F.3d 1222 (1997)

STATE OF CALIFORNIA and Pete Wilson, Governor of the State of California, Appellants v. DEPARTMENT OF JUSTICE and Janet Reno, Attorney General of the United States of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 1997.

Attorney(s) appearing for the Case

Evelyn M. Matteucci, Deputy Attorney General, argued the cause for appellants, with whom Linda A. Cabatic, Supervising Deputy Attorney General, Sacramento, CA, was on the briefs.

Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellees, with whom Frank W. Hunger, Assistant Attorney General, and Eric H. Holder, Jr., U.S. Attorney, Washington, DC, were on the brief.

Before GINSBURG, HENDERSON and TATEL, Circuit Judges.

Opinion of the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The State of California and Governor Pete Wilson appeal the dismissal of their complaint alleging that Attorney General Janet Reno failed to satisfy her statutory duty under 8 U.S.C. § 1252(j) either to incarcerate undocumented criminal aliens in federal prisons or to reimburse California for the costs that it incurs to incarcerate...

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