Manuel Ortega Melendres v. Joseph Arpaio

In a previous opinion in this case, we affirmed the district court’s post-trial preliminary injunction against Sheriff Joseph M. Arpaio and the Maricopa County Sheriffs Office (individually, Sheriff Arpaio and MCSO; collectively, Defendants), which prohibited Defendants from detaining any individual “based only on knowledge or reasonable belief, without more, that the person is unlawfully present within the United States.” See Melendres v. Arpaio, 695 F.3d 990, 994 (9th Cir.2012) (Melendres I). In this opinion, we address Defendants’ appeal from the district court’s more comprehensive permanent injunction. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, and we vacate and remand in part.

I.

The background facts of this case may be found in greater detail in Melendres I. The facts relevant to the arguments made in the present appeal are as follows. Manuel de Jesus Ortega Melendres; David and Jessica Rodriguez; Manuel Nieto, Jr.; Velia Meraz; the organization Somos America; and the class of individuals the named plaintiffs represent (collectively, Plaintiffs) brought a class action for declaratory and injunctive relief, alleging that Defendants have…