Montgomery asks 9th Circuit to keep law denying bond to criminal illegals

Next step: Appeal to U.S. Supreme Court

Maricopa County Attorney Bill Montgomery is asking a federal appeals court to delay the implementation of a recent ruling that allows illegal aliens who are charged with a serious felony to be released on bail. In an emergency motion filed with the U.S. Court of Appeals for the Ninth Circuit, Montgomery requested that the matter be returned to the district court to consider the possible dangers of releasing suspected criminals who pose a flight risk. He also argues that the appeals court ruling in Lopez-Valenzuela v. Arpaio will force Arizona courts to reconsider bail determinations for hundreds of pending criminal trials and overturn a law Arizona voters passed by an overwhelming margin in 2006. Proposition 100 passed 1,170,961 – 332,461 as a Constitutional Amendment.

“In requesting the case to be remanded to the Arizona District Court, we are seeking a fair opportunity to present objective evidence in support of upholding the no bail provision implemented by Proposition 100,” Montgomery said. “Rather than jettison an Arizona Constitutional provision in effect for eight years, the next step should be to resolve the issue of whether Arizona’s interest in detaining without bail serious offenders who are unlawfully present is based on objective data. Respect for federalism, the Tenth Amendment, and the realities of the environment in which Arizona must address public safety concerns call for a full and fair opportunity to present the facts,” he added.

If a stay of the appeals court ruling is not granted, Montgomery will prepare a petition to the U.S. Supreme Court to review the opinion.

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10 Responses to Montgomery asks 9th Circuit to keep law denying bond to criminal illegals

  1. Braveheart says:

    Glad to see this request. The will of the voting citizens appears to mean nothing to the haughty federal courts.

  2. azgary says:

    the ninth circus will never do it.

  3. FranklySpeaking says:

    Montgomery should call on Attorney General Horne. He’s had excellent results arguing before the US Supreme Court. Has Montgomery ever been there?

  4. VINOAZ says:

    The 9th circuit court of Shlameals can always be counted on to do the wrong thing. They are part of the enemy within.

  5. Borderhawk says:

    Montgomery is just doing the basics of his job. He doesn’t care about the rule of law. It would be political suicide for him or anyone else to let criminal aliens get regular bond. I dont even see how this helps Democrats. The Criminal aliens are only part of the problem. The Democrats are trying to prison break illegals for I don’t know what reason, to help Trial Lawyers. The mass numbers of illegal alien workers are a big problem.

    Like McCain claiming he would build the dang fence. It is not like he cares, there is no other political choice.

    Btw, I was watching the Iowa 4th district debate on youtube. Immigration hawk Steve King (in retorting RINOS like Ava Navarro & Liberals) has been stating that according to Jeff Flake’s office, King has offered more amendments than anyone in congress(except Flake and Sheila Lee-TX) and King has a higher success rate.

    The Democrat Jim Mowrer is claiming Jeff Flake wants King to stop touting that claim.

    Is Jeff Flake feeding information to Democrats to hurt Steve King(R-IA)?

    http://www.bleedingheartland.com/diary/7204/ia04-steve-kingjim-mowrer-debate-liveblog-and-discussion-thread

    “Mowrer says Senator Flake [of Arizona] has asked King to stop claiming that, because it’s not true. “

  6. Seen It All says:

    Looks like Monty’s getting positioned for a senate run. (Run to the right, govern from the left.) He’s following in the tracks of McCain, Kyl and Flake. They all talked tough on illegals right up to, but NOT A MINUTE AFTER, election day.
    McCain:

    Kyl:

    Flake:
    http://www.azcentral.com/arizonarepublic/opinions/articles/2011/03/29/20110329flake-editorial.html
    In this editorial the AZ Republic expresses its disappointment at Flake’s change of heart. They should have know he wouldn’t have strayed far from the liberal position. It was only for expediency.

    In each case, immediately after the votes were tallied they joined with the most liberal Democrats to push amnesty for illegals. It’s a ‘take it to the bank’ truism.

  7. goodyearconservative says:

    This is why I don’t trust anyone in McCain’s group. Just watch, once the votes are counted, Ducey, Brnovich, Tobin and McSally are gonna stab us in the back.

    We had a choice between Reagan conservatives and McCain RINOs, voters fell for the nasty and expensive ads and decided to vote for McCain and Kyl’s hand picked candidates.

  8. LEO IN TSN says:

    Will we ever see a governor who really governs his state? I would like it to be AZ, but any state’s governor can start it off. I offer this template, and give permission for any governor to use it.

    “I am the Governor of the great and sovereign state of (state). In my state, the citizens create the laws that we will live by. We do that with a duly elected legislature, and duly elected state judges to enforce our laws and protect our citizens. We do not invite direction or review from federal judicial legislators or regulators. We write and pass our laws by the will of the people, and our laws will stand until our people change those laws.

    I hereby declare that useless federal judicial legislation and regulation is null and void in this great state of (state). Our laws will stand. We have never, and will never, cede any authority to the federal government that is not specifically enumerated in the Constitution of the United States. Under that document and the Constitution of the great state of (state), we claim our sovereignty and freedom. For any federal judicial legislator or regulator or for any resident of this state who is unhappy with the meterological, legal, social or moral climate of this great state, I suggest you pack up and move to a more welcoming location such as San Francisco. If you aren’t even in this state, get off our backs.

    God bless the people of the great state of (state). God bless America.”

  9. jojo says:

    Love the “I have a dream speech”. Too bad citizens are so lazy they won’t force seat warming politicians to enforce laws already on the books.

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