LOPEZ-VALENZUELA v. COUNTY OF MARICOPA

No. 11-16487.

719 F.3d 1054 (2013)

Angel LOPEZ-VALENZUELA; Isaac Castro-Armenta, Plaintiffs-Appellants, v. COUNTY OF MARICOPA; Joseph M. Arpaio, Maricopa County Sheriff, in his official capacity; William G. Montgomery, Maricopa County Attorney, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2013.


Attorney(s) appearing for the Case

Cecillia D. Wang (argued) and Kenneth J. Sugarman , American Civil Liberties Union Foundation Immigrants' Rights Project, San Francisco, CA; Andre I. Segura and Esha Bhandari , American Civil Liberties Union Foundation Immigrants' Rights Project, New York, NY; Daniel Pochoda , American Civil Liberties Foundation of Arizona, Phoenix, AZ, for Plaintiffs-Appellants.

Timothy J. Casey (argued), Schmitt Schneck Smyth Casey & Even, P.C., Phoenix, AZ, for Defendants-Appellees Maricopa County and Joseph M. Arpaio.

Bruce P. White and Anne C. Longo , Deputy County Attorneys, Maricopa County Civil Services Division, Phoenix, AZ, for Defendant-Appellee William Montgomery.

Before: RAYMOND C. FISHER, RICHARD C. TALLMAN, and CONSUELO M. CALLAHAN, Circuit Judges.


OPINION

TALLMAN, Circuit Judge:

In 2006, Arizona voters overwhelmingly approved an amendment to their state constitution known as "Proposition 100." It commands that Arizona state courts may not set bail "[f]or serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge." Ariz. Const. art. II, § 22(A...

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