Angel LOPEZ-VALENZUELA; Isaac Castro-Armenta, Plaintiffs-Appellants,
v.
Joseph M. ARPAIO, Maricopa County Sheriff, in his official capacity; County of Maricopa; William Gerard Montgomery, Maricopa County Attorney, in his official capacity, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc March 18, 2014.
Filed October 15, 2014.
Attorney(s) appearing for the Case
Andre I. Segura and Esha Bhandari , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, New York; Cecillia D. Wang (argued) and Kenneth J. Sugarman , American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, CA; Daniel Pochoda , ACLU 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 Maricopa County Attorney William Montgomery.
Anthony O'Rourke , Associate Professor, SUNY Buffalo Law School, for Amici Curiae Constitutional Criminal Law and Immigration Law Professors.
Kathleen E. Brody , Osborn Maledon, P.A., Phoenix, Arizona; Amy Kalman and Mikel Steinfeld , Office of the Maricopa County Public Defender, Phoenix, AZ; David Euchner , Office of the Pima County Public Defender, Tucson, AZ, for Amicus Curiae Arizona Attorneys for Criminal Justice.
Opinion by Judge Fisher; Concurrence by Judge Nguyen; Dissent by Judge Tallman; Dissent by Judge O'Scannlain.
United States Court of Appeals, Ninth Circuit.
OPINION
FISHER, Circuit Judge, with whom KOZINSKI, Chief Judge, and THOMAS, McKEOWN, BERZON, BYBEE, M. SMITH and NGUYEN, Circuit Judges, join in full, and with whom WATFORD, Circuit Judge, joins except as to section III.B.2:
Arizona law categorically forbids granting undocumented immigrants arrested for a wide range of felony offenses any form of bail or pretrial release, even if the particular arrestee is not a flight risk or dangerous. We must decide whether...
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