USA V. STATE OF ARIZONA, No. 10-16645 (9th Cir. 2012)

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This opinion or order relates to an opinion or order originally issued on April 11, 2011.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STATE OF ARIZONA and JANICE K. BREWER, Governor of the State of Arizona, in her official capacity, Defendants-Appellants.   No. 10-16645 D.C. No. 2:10-cv-01413-SRB District of Arizona, Phoenix  ORDER 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 preliminary injunction is AFFIRMED in part and REVERSED in part, as follows: 1. The district court s grant of a preliminary injunction enjoining enforcement of Section 2(B) of S.B. 1070 is REVERSED; and 2. The district court s grant of a preliminary injunction enjoining enforcement of Sections 3, 5(C), and 6 of S.B. 1070 is AFFIRMED. The matter is remanded to the district court for further proceedings 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.

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