ROMERO-MILLAN v. BARR

No. CV-20-0128-CQ.

507 P.3d 999 (2022)

Jorge ROMERO-MILLAN, Petitioner, v. William P. BARR, Attorney General, Respondent, Ernesto Hernandez Cabanillas, Petitioner, v. William P. Barr, Attorney General, Respondent, Marco Antonio Garcia-Paz, Petitioner, v. William P. Barr, Attorney General, Respondent.

Supreme Court of Arizona.

Filed April 19, 2022.


Attorney(s) appearing for the Case

Gabriel G. Leyba (argued), Law Office of Gabriel G. Leyba, Phoenix, Attorney for Jorge Romero-Millan.

Roberta Wilson , Law Office of Monika Sud-Devaraj & Associates, Phoenix, Attorney for Ernesto Hernandez Cabanillas.

Matthew H. Green , Law Office of Matthew H. Green, Tucson, Attorney for Marco Antonio Garcia-Paz.

Brian Boynton , Acting Assistant Attorney General, Civil Division, Jennifer J. Keeney , Assistant Director, Imran R. Zaidi (argued), Criminal Immigration Team Office of Immigration Litigation Civil Division, U.S. Department of Justice, Washington, D.C., Attorneys for William P. Barr.

Mark Brnovich , Arizona Attorney General, Nicholas Klingerman (argued), Chief Counsel, Southern Arizona White Collar and Criminal Enterprise Section, Tucson, Jillian Francis , Assistant Attorney General, Criminal Appeals Section, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

Jon M. Sands , Federal Public Defender, Keith J. Hilzendeger (argued), Assistant Federal Public Defender, District of Arizona, Phoenix, Attorneys for Amici Curiae Arizona Attorneys for Criminal Justice and the Federal Public Defender for the District of Arizona.

JUSTICE BEENE authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, and PELANDER (Retired) joined.


¶1 The United States Court of Appeals for the Ninth Circuit certified the following questions to this Court:

1. Is Arizona's possession of drug paraphernalia statute, A.R.S. § 13-3415, divisible as to drug type? 2. Is Arizona's drug possession statute, A.R.S. § 13-3408, divisible...

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