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  Thursday, April 18, 2019  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
Immigration Law
The U.S. cannot preliminarily enjoin California AB 450's requirement that employers alert employees before federal immigration inspections since the notice requirement will neither burden the federal government nor conflict with federal activities. The U.S. cannot preliminarily enjoin California AB 103's inspection requirements on facilities that house civil immigration detainees since these are duplicate inspection requirements otherwise mandated under California law and are imposed on state and local detention facilities. The section of AB 103 that requires examination of the circumstances surrounding the apprehension and transfer of immigration detainees discriminates against and impermissibly burdens the federal government, and so is unlawful under the doctrine of intergovernmental immunity. The U.S. cannot preliminarily enjoin California SB 54's provision limiting the cooperation between state and local law enforcement and federal immigration authorities since any obstruction is consistent with California's prerogatives under the Tenth Amendment and the anticommandeering rule.

United States v. State of California - filed April 18, 2019
Cite as 2019 S.O.S. 18-16496
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
The crimes of arson of an inhabited structure and arson of a structure are forms of the same offense of simple arson, but a defendant can commit aggravated arson without necessarily committing arson.

People v. Shiga - filed April 17, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 1859
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