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USCA9 Sanctuary Cities Case Set for April Argument

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A motions panel of the Ninth Circuit Court of Appeals has handed a mixed bag to the litigants in the "Sanctuary Cities" cases.

There are a total of four cases in the Ninth Circuit.  Two are the Government's appeals from the preliminary injunctions, and two are from the final judgment and permanent injunction.  Of these, one each is from San Francisco and one from Santa Clara County (San Jose and vicinity).

The Government wanted to consolidate all four cases, maintaining the expedited schedule for preliminary injunction appeals.  The counties wanted the preliminary injunction cases dismissed as moot, since a preliminary injunction has no legal force once it is supplanted by the permanent injunction, and to maintain the leisurely schedule of the final judgment cases.

The motions panel (Reinhardt, Paez, and Bea) dismissed the preliminary cases as moot.  But don't cheer too loud, sanctuary fans.  "The court construes appellants' motion to consolidate as a motion to expedite these appeals. So construed, the motion is granted in part."  The counties' briefs are due February 5, not April 26 as before.  Extensions?  Fuggitaboudit.*  The case will be set for argument on the April calendar, with the exact date, time, and place to be announced later.

The "merits panel" that hears the case will not necessarily be the same as the "motions panel" that issued today's order.

*  Well, actually, they said, "No written motions for extensions of time under Ninth Circuit Rule 31- 2.2(b) will be granted absent extraordinary and compelling circumstances."

Update:  The court is looking at its April 9-13 session in San Francisco and has asked counsel for the parties for their availability on those dates.

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