VALLE DEL SOL INC. v. WHITING

No. 12-17152.

732 F.3d 1006 (2013)

VALLE DEL SOL INCORPORATED; Coalicion De Derechos Humanos; United Food and Commercial Workers International Union; Border Action Network; Jim Shee; Unknown Party, Named as Jane Doe #3 in Amended Complaint; John Doe #1, proceeding under pseudonym; Luz Santiago; Arizona South Asians for Safe Families; Japanese American Citizens League; Local 5 Service Employees International Union; Southside Presbyterian Church; Tonatierra Community Development Institute; C.M., a minor; Asian Chamber of Commerce of Arizona; Service Employees International Union; Arizona Hispanic Chamber of Commerce; Pedro Espinoza; Maura Castillo; Jose Angel Vargas, Plaintiffs-Appellees, v. Michael B. WHITING; Edward G. Rheinheimer; Daisy Flores, Gila County Attorney, in her official capacity; Richard M. Romley, Maricopa County Attorney, in his official capacity; Matthew J. Smith, Mohave County Attorney, in his official capacity; Bradley Carlyon, Navajo County Attorney, in his official capacity; Sam Vederman, La Paz County Attorney, in his official capacity; Kenny Angle, Graham County Attorney, in his official capacity; Derek D. Rapier, Greenlee County Attorney, in his official capacity; David W. Rozema, Esq., Coconino County Attorney, in his official capacity; Barbara Lawall, Pima County Attorney, in her official capacity; James P. Walsh, Pinal County Attorney, in his official capacity; George Silva, Santa Cruz County Attorney, in his official capacity; Sheila S. Polk, Yavapai County Attorney, in her official capacity; Jon R. Smith, Yuma County Attorney in his official capacity; Joseph Dedman, Jr., Apache County Sheriff, in his official capacity; Bill Pribil, Coconino County Sheriff, in his official capacity; Rod Rothrock, Chief Deputy; John R. Armer, Gila County Sheriff, in his official Capacity; Preston J. Allred, Graham County Sheriff, in his official capacity; Steven N. Tucker, Greenlee County Sheriff, in his official capacity; Donald Lowery, La Paz County Sheriff, in his official capacity; Joseph M. Arpaio, Maricopa County Sheriff, in his official capacity; Tom Sheahan, Mohave County Sheriff, in his official capacity; Kelly Clark, Navajo County Sheriff, in his official capacity; Clarence W. Dupnik, Pima County Sheriff, in his official capacity; Paul R. Babeu, Pinal County Sheriff, in his official capacity; Tony Estrada, Santa Cruz County Sheriff, in his official capacity; Steve Waugh, Yavapai County Sheriff, in his official capacity; Ralph Ogden, Yuma County Sheriff, in his official capacity, Defendants, and State of Arizona; Janice K. Brewer, Intervenor-Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2013.


Attorney(s) appearing for the Case

Kelly A. Kszywienski (argued), John J. Bouma and Robert A. Henry , Snell & Wilmer L.L.P, Phoenix, AZ; Joseph Sciarrotta, Jr. , Office of Governor Janice K. Brewer, Phoenix, AZ; Thomas C. Horne , Michael Tryon and Evan Hiller , Office of the Attorney General for the State of Arizona, Phoenix, AZ, for Intervenor-Defendants-Appellants.

Omar C. Jadwat (argued) and Dror Ladin , American Civil Liberties Union, New York, New York; Thomas A. Saenz , Victor Viramontes and Nicholás Espiritu , Mexican American Legal Defense and Educational Fund, Los Angeles, CA; Linton Joaquin , Karen C. Tumlin , Nora A. Preciado , Melissa S. Keaney and Alvaro M. Huerta , National Immigration Law Center, Los Angeles, CA; Nina Perales , Mexican American Legal Defense and Educational Fund, San Antonio, TX; Cecillia D. Wang , American Civil Liberties Union, San Francisco, CA; Chris Newman and Jessica Karp , National Day Labor Organizing Network, Los Angeles, CA; Justin Cox , American Civil Liberties Union, Atlanta, GA; Laboni Hoq , Maya Roy and Carmina Ocampo , Asian Pacific American Legal Center, Los Angeles, CA; Daniel J. Pochoda , James Duff Lyall and Kelly Joyce Flood , ACLU Foundation of Arizona, Phoenix, AZ; Marita Etcubafiez and Jessica Chia , Asian American Justice Center, Washington, D.C.; Stephen P. Berzon and Jonathan Weissglass , Altshuler Berzon LLP, San Francisco, CA; Aaron Leiderman , Munger, Tolles & Olson LLP, San Francisco, CA; Daniel R. Ortega , Ortega Law Firm, P.C., Phoenix, AZ; Bradley S. Phillips , Joseph J. Ybarra , Benjamin J. Maro , Lika C. Miyake and Margaret G. Ziegler , Munger, Tolles & Olson LLP, Los Angeles, CA, for Plaintiffs-Appellees.

Mark B. Stern (argued), Stuart F. Delery , John S. Leonardo , Beth S. Brinkmann , Michael P. Abate , Benjamin M. Schultz, Daniel Tenny and Jeffrey E. Sandberg , United States Department of Justice, Washington, D.C., for Amicus Curiae United States of America.

Lawrence J. Joseph , Washington, D.C, for Amicus Curiae Eagle Forum Education & Legal Defense Fund.

Michael M. Hethmon and Garrett Roe , Immigration Reform Law Institute, Washington, D.C.; Kris W. Kobach , Kobach Law, LLC, Kansas City, KS, for Amicus Curiae Immigration Reform Law Institute.

Stephen Nickelsburg , Carla Gorniak and Erin Louise Palmer , Clifford Chance U.S. LLP, Washington, D.C.; Henry L. Solano , Wilson Elser Moskowitz Edelman & Dicker, Denver, CO, for Amicus Curiae United Mexican States.

Opinion by Judge PAEZ; Partial Concurrence and Partial Dissent by Judge BEA.


OPINION

PAEZ, Circuit Judge:

Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona.1 The district court granted the plaintiffs' motion for a preliminary injunction with respect to this provision on the basis that § 13-2929 is preempted by federal law. Arizona appealed. We conclude that the statute as written...

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