United States of America v. Arizona, State of, et al

Filing 49

MOTION to File Amicus Curiae Opposing Motion for Preliminary Injunction by American Unity Legal Defense Fund, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Leave to File Amicus Brief)(Zall, Barnaby)

United States of America v. Arizona, State of, et al

Doc. 49

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Barnaby Zall (admitted pro hac vice) Counsel for Amicus American Unity Legal Defense Fund WEINBERG & JACOBS, LLP 11300 Rockville Pike, #1200 Rockville, MD 20852 301-231-6943 301-984-1200 (f) [e-mail] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff | | | v. | State of Arizona, et al. | Defendants | | | _________________________________| CV-10-1413-PHX-SRB MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE ON BEHALF OF AMERICAN UNITY LEGAL DEFENSE FUND

American Unity Legal Defense Fund, Inc. ("AULDF") hereby MOVES for leave to file a brief amicus curiae in this case. A copy of the proposed brief, not exceeding ten pages and otherwise conforming to the Court's July 1 Order in Friendly House v. Whiting, No. 2:10-cv-1061-PHX-SRB (Doc. 282), has been lodged with this Motion. AULDF is a national non-profit educational organization dedicated to maintaining American national unity into the twenty-first century. www.americanunity.org. AULDF has filed amicus briefs in recent cases involving Arizona laws, including Horne v. Flores, __ U.S. __, __, n. 10, 129 S.Ct. 2579, 2601 n. 10 (2009) (citing AULDF brief on Arizona's language instruction program), and Arizona Contractors Assn. v. Candelaria,

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544 F.3d 976 (9th Cir. 2009), cert. granted, sub nom., Chamber of Commerce v. Candelaria, No. 09-115. AULDF writes in response and in opposition to the Motion for Preliminary Injunction filed by Plaintiff United States of America. The Motion omits critical information necessary for the Court to evaluate the claim, including information on the collapse of immigration law enforcement in the interior of the United States, and the effect the collapse of immigration law enforcement has on the appropriate standard of review. This information is essential for determining the proper position of the parties, and the probability of success on the merits of the Motion for Preliminary Injunction. THEREFORE, AULDF respectfully requests the Court to grant leave to file the attached proposed brief amicus curiae in this case. RESPECTFULLY SUBMITTED,

/s/ Barnaby Zall Barnaby Zall (admitted pro hac vice) Counsel for Amicus American Unity Legal Defense Fund WEINBERG & JACOBS, LLP 11300 Rockville Pike, #1200 Rockville, MD 20852 301-231-6943 301-984-1200 (f) [e-mail]

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CERTIFICATE OF SERVICE I hereby certify that on July 19, 2010, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing, and sent a Notice of Electronic Filing to the ECF registrants on record. A COPY was also sent with Notice of Electronic Filing, via overnight Express Mail, the 19th day of July, 2010, to: The Honorable Susan R. Bolton United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 522 401 West Washington Street, SPC 50 Phoenix, AZ 85003-2153 And, pursuant to Local Rule, a Microsoft Word version of the proposed Order and a .pdf version of this Motion and the attached lodged proposed brief was e-mailed to [e-mail]. /s/ Barnaby Zall __________________

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