United States v. State of Arizona

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 10-16645 Plaintiff-Appellee, D.C. No. v. STATE OF ARIZONA and JANICE K.  2:10-cv-01413-SRB District of Arizona, BREWER, Governor of the State of Phoenix Arizona, in her official capacity, ORDER Defendants-Appellants.  On Remand From The United States Supreme Court Filed August 8, 2012 Before: John T. Noonan, Richard A. Paez, and Carlos T. Bea, Circuit Judges. ORDER Pursuant to the Supreme Court’s decision in Arizona v. United States, 132 S. Ct. 2492 (2012), the district court’s pre- liminary injunction is AFFIRMED in part and REVERSED in part, as follows: 1. The district court’s grant of a preliminary injunction enjoin- ing enforcement of Section 2(B) of S.B. 1070 is REVERSED; and 2. The district court’s grant of a preliminary injunction enjoin- ing enforcement of Sections 3, 5(C), and 6 of S.B. 1070 is AFFIRMED. The matter is remanded to the district court for further pro- ceedings consistent with the opinion and judgment of the 8997 8998 UNITED STATES v. ARIZONA Supreme Court. The filing of this order shall serve as the court’s mandate.