Ninth Circuit Revisiting Bail Ban for Illegal Aliens

The U.S. Court of Appeals for the Ninth Circuit Jan. 2 granted rehearing en banc to address whether a district court erred in dismissing a class action lawsuit challenging the constitutionality of an Arizona voter initiative denying bail to all undocumented immigrants charged with serious felonies. (Lopez-Valenzuela v. Maricopa County, 9th Cir. (en banc), No. 11-16487, granting rehearing in 719 F.3d 1054, 93 CrL 511)

Arizona voters in a 2006 referendum approved Proposition 100, which amended the state constitution to deny bail to aliens who are in the country illegally and are charged with “serious felony ...