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ARIZONA v. BIDEN

No. 22-3272.

31 F.4th 469 (2022)

State of ARIZONA; State of Montana; State of Ohio, Plaintiffs-Appellees, v. Joseph R. BIDEN, in his official capacity as President of the United States; United States Department of Homeland Security; United States of America; Alejandro Mayorkas, in his official capacity as Secretary of Department of Homeland Security; Troy Miller, in his official capacity as Acting Commissioner of United States Customs and Border Protection; Tae D. Johnson, in his official capacity as Acting Director of United States Immigration and Customs Enforcement; Ur Jaddou, in her official capacity as Director of U.S. Citizenship and Immigration Services, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 12, 2022.

Attorney(s) appearing for the Case

ARGUED: Michael Shih , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Sylvia May Mailman , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees. ON MOTION FOR STAY AND REPLY: Michael Shih , Sean R. Janda , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. ON RESPONSE: Sylvia May Mailman , Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, Drew Curtis Ensign , OFFICE OF THE ARIZONA ATTORNEY GENERAL, Phoenix, Arizona, Christian B. Corrigan , OFFICE OF THE MONTANA ATTORNEY GENERAL, Helena, Montana, for Appellees.

SUTTON, C.J., (pp. 472-83; app. 485-87), delivered the order of the court in which MOORE and COLE, JJ., joined. SUTTON, C.J. (pp. 483-85), also delivered a separate concurring opinion.

ORDER

Last fall, the Secretary of Homeland Security issued a memorandum to his deputies outlining the Department's immigration enforcement priorities and policies. Arizona, Montana, and Ohio filed this lawsuit in the Southern District of Ohio to enjoin its implementation. The district court issued a "nationwide preliminary...

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