CITY AND COUNTY OF SAN FRANCISCO v. GARLAND

No. 19-15947, No. 19-15950, No. 19-35843.

42 F.4th 1078 (2022)

CITY AND COUNTY OF SAN FRANCISCO, Plaintiff-Appellee, v. Merrick B. GARLAND, Attorney General; Amy L. Solomon, Principal Deputy Assistant Attorney General; United States Department of Justice, Defendants-Appellants. State of California, ex rel, Xavier Becerra, in his official capacity as Attorney General of the State of California, Plaintiff-Appellee, v. Merrick B. Garland, Attorney General; Amy L. Solomon, in her official capacity as Principal Deputy Assistant Attorney General; United States Department of Justice, Defendants-Appellants. State of Oregon; Kate Brown, Governor; Ellen Rosenblum, Attorney General; City of Portland, Plaintiffs-Appellees, v. Joseph R. Biden, President of the United States, in his official capacity; Merrick B. Garland, Attorney General, Attorney General of the United States, in his official capacity; United States of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2022.


Attorney(s) appearing for the Case

Daniel Tenny (argued), Mark B. Stern , and Laura E. Myron , Appellate Staff; Brian M. Boynton , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Sara J. Eisenberg (argued), Jesse C. Smith , Yvonne R. Mere , and Tara M. Steeley , Deputy City Attorneys; David Chiu , City Attorney; Office of the City Attorney, San Francisco, California; for Plaintiff-Appellee City and County of San Francisco.

Samuel P. Siegel (argued), Deputy Solicitor General; Michael J. Mongan , Solicitor General; Lisa C. Ehrlich , Deputy Attorney General; James F. Zahradka II , Supervising Deputy Attorney General; Michael L. Newman , Senior Assistant Attorney General; Rob Bonta , Attorney General; Attorney General's Office, California Department of Justice, San Francisco, California; for Plaintiff-Appellee State of California.

Ellen F. Rosenblum , Attorney General; Benjamin Gutman , Solicitor General; Peenesh Shah , Assistant Attorney General; Office of the Attorney General, Salem, Oregon; Denis M. Vannier , Senior Deputy City Attorney; Office of the City Attorney, Portland, Oregon; for Plaintiffs-Appellees State of Oregon, Kate Brown, Ellen Rosenblum, and City of Portland.

Partial Concurrence and Partial Dissent by Judge Bea.


OPINION

In this appeal, we again consider immigration enforcement-related conditions ("Conditions") imposed by Department of Justice ("DOJ") on grants made pursuant to the Edward Byrne Memorial Justice Assistance Grant Program ("Byrne JAG program") for Fiscal Years 2017 and 2018. Consistent with our prior precedent...

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