Immigration mattersArizona appeals injunction which blocked major parts of new immigration law

Published 30 July 2010

Citing “the State of Arizona’s right to implement a law its Legislature enacted to address the irreparable harm Arizona is suffering as a result of unchecked unlawful immigration,” the appeal claims only one issue, “whether the district court relied on an erroneous legal premise or abused its discretion” in granting the preliminary injunction

David Palisnky reports that attorneys for Arizona governor Jan Brewer filed an appeal of the preliminary injunction granted by U.S. District Court Judge Susan Bolton, enjoining enforcement of parts of Arizona’s SB 1070 immigration law (“Judge agrees with large parts of Obama administration’s motion to halt Arizona law,” 29 July 2010 HSNW). The appeal was filed with the United States Court of Appeals for the Ninth Circuit in San Francisco yesterday, 29 July. The appeal seeks an expedited hearing on the case and the U.S. Department of Justice does not oppose the request.

Citing “the State of Arizona’s right to implement a law its Legislature enacted to address the irreparable harm Arizona is suffering as a result of unchecked unlawful immigration,” the appeal claims only one issue, “whether the district court relied on an erroneous legal premise or abused its discretion” in granting the preliminary injunction.

Arizona requests oral argument on the appeal the week of 13 September 2010.

David Palinsky, Homeland Security NewsWire’s legal analyst, is an attorney specializing in immigration cases involving employment-based immigration related to the homeland security, hi-tech, and services sectors