“The Immigration Reform Law Institute (IRLI) has filed a friend-of-the-court brief in Maricopa County v. Lopez-Valenzuela, a case currently pending approval for a hearing before the Supreme Court. (Civil Action No. 14-825). IRLI’s brief is in support of the petitioner, Maricopa County, which seeks to appeal a decision by the Ninth Circuit invalidating the entirety of Arizona’s Proposition 100,” notes a post at IRLI’s blog.
“That law, passed by a 75 percent majority, provided for categorical denials of bail to persons who are charged with one of the four most serious categories of felonies, and for whom there is both probable cause that the person is illegally present in the United States and evident proof of guilt of the felony charged. Although there are recent studies showing this category absconds from removal hearings at a rate of 78 percent, the Ninth Circuit was unsatisfied with Maricopa County’s contention that criminal aliens pose a “significantly greater flight risk than lawful residents.” Moreover, this decision, from the Ninth Circuit’s full panel, rejected the Ninth Circuit’s three-judge panel, which had previously agreed with Maricopa County.”