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CITY OF LOS ANGELES v. BARR

No. 18-56292.

941 F.3d 931 (2019)

CITY OF LOS ANGELES, Plaintiff-Appellee, v. William P. BARR, Attorney General; Alan R. Hanson, in his official capacity as Acting Assistant Attorney General of the Office of Justice Programs; Russell Washington, in his official capacity as Acting Director of the Office of Community Oriented Policing Services; United States Department of Justice, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2019.

Attorney(s) appearing for the Case

Jesse Panuccio (argued), Associate Attorney General; Mark B. Stern , Daniel Tenny , Katherin Twomey Allen , Laura E. Myron , and Brad Hinshelwood , Appellate Staff; Hashim M. Mooppan , Deputy Assistant Attorney General; Nicola T. Hanna , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Neema T. Sahni (argued), Mitchell A. Kamin , and Mónica Ramirez Almadani , Covington & Burling LLP, Los Angeles, California; David M. Zionts , Ivano M. Ventresca , and Benjamin L. Cavataro , Covington & Burling LLP, Washington, D.C.; Michael N. Feuer , City Attorney; James P. Clark , Chief Deputy City Attorney; Leela A. Kapur , Executive Assistant City Attorney; Valerie L. Flores , Managing Senior Assistant City Attorney; Michael Dundas , Deputy City Attorney; Office of the City Attorney, Los Angeles, California; for Plaintiff-Appellee.

Margaret L. Carter and Daniel R. Suvor , O'Melveny & Myers LLP, Los Angeles, California, for Amici Curiae 20 Counties and Cities, Metropolitan Area Planning Council, and International Municipal Lawyers Association.

Concurrence by Judge Wardlaw

OPINION

This appeal raises the question whether the Department of Justice (DOJ) can require recipients of a formula grant under the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG), 34 U.S.C. §§ 10151-10158, to comply with Department of Homeland Security (DHS) requests for notice of a detained...

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