The GEO GROUP, INC., Plaintiff-Appellant, and
United States of America, Plaintiff,
v.
Gavin NEWSOM, in his official capacity as Governor of the State of California; Rob Bonta, in his official capacity as Attorney General of the State of California, Defendants-Appellees, and
State of California, Defendant.
United States of America, Plaintiff-Appellant, and
The GEO Group, Inc., Plaintiff,
v.
Gavin Newsom, in his official capacity as Governor of the State of California; Rob Bonta, in his official capacity as Attorney General of the State of California; State of California, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit, FOR PUBLICATION.https://leagle.com/images/logo.png
Argued and Submitted June 7, 2021 Pasadena, California.
Gabrielle D. Boutin (argued), Deputy Attorney General; Anthony R. Hakl , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Rob Bonta , Attorney General; Office of the Attorney General, Sacramento, California; for Defendants-Appellees Gavin Newsom, Rob Bonta, and State of California.
Jordan Wells (argued) and Michael Kaufman , American Civil Liberties Union Foundation of Southern California, Los Angeles, California; Mark Fleming , National Immigrant Justice Center, Chicago, Illinois; Mary Van Houten Harper , National Immigrant Justice Center, Washington, D.C.; Eunice Hyunhye Cho , American Civil Liberties Union National Prison Project, Washington, D.C.; Vasudha Talla and Sean Riordan , American Civil Liberties Union Foundation of Northern California, San Francisco, California; Bardis Vakili and Monika Y. Langarica , American Civil Liberties Union Foundation of San Diego & Imperial Counties, San Diego, California; for Amici Curiae National Immigrant Justice Center, American Civil Liberties Union (ACLU), ACLU of Southern California, ACLU of San Diego & Imperial Counties, and ACLU of Northern California.
Sayoni Maitra and Jaime Crook , Center for Gender & Refugee Studies, UC Hastings College of Law, San Francisco, California; Lisa Knox , California Collaborative for Immigrant Justice, San Francisco, California; Jaclyn Gonzalez and Hamid Yazdan Panah , Immigrant Defense Advocates, El Sobrante, California; Alison Pennington , Immigrant Legal Defense, Oakland, California; for Amici Curiae Center for Gender & Refugee Studies, California Collaborative for Immigrant Justice, Immigrant Defense Advocates, and Immigrant Legal Defense.
Sarah P. Alexander , Constantine Cannon LLP, San Francisco, California, for Amici Curiae Immigrant Legal Resource Center, Human Rights Watch, and Freedom for Immigrants.
Dissent by Judge Murguia.
OPINION
LEE, Circuit Judge:
In 2019, California Governor Gavin Newsom signed a bill, AB 32, that phases out all private detention facilities within the state. But because of seasonal and other fluctuations in immigration, the United States Immigration and Customs Enforcement (ICE) relies exclusively on private detention centers in California...
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