NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE JOSE MONTELONGO-MORALES, as an individual, and on behalf of others similarly situated, Plaintiff/Appellant/Cross-Appellee, v. JAMES DRISCOLL, Coconino County Sheriff; MATT FIGUEROA, Jail Commander of the Coconino County Jail, All in their official capacities, Defendants/Appellees/Cross-Appellants. No. 1 CA-CV 19-0502 FILED 10-8-2020 Appeal from the Superior Court in Coconino County No. S0300CV201900012 The Honorable Mark R. Moran, Judge AFFIRMED COUNSEL American Civil Liberties Union Foundation of Arizona, Phoenix By Christine K. Wee Co-Counsel for Plaintiff/Appellant/Cross-Appellee Law Office of Lee Phillips, PC, Flagstaff By Lee B. Phillips Co-Counsel for Plaintiff/Appellant/Cross-Appellee Law Office of Robert Malone, Flagstaff By Robert S. Malone Co-Counsel for Plaintiff/Appellant/Cross-Appellee Jones, Skelton & Hochuli, PLC, Phoenix By John T. Masterson, Michele Molinario, Justin M. Ackerman, Derek R. Graffious Counsel for Defendants/Appellees/Cross-Appellants MEMORANDUM DECISION Presiding Judge James B. Morse Jr. delivered the decision of the Court, in which Judge Maria Elena Cruz and Judge Paul J. McMurdie joined. M O R S E, Judge: ¶1 Jose Montelongo-Morales ("Morales") appeals from the dismissal of his class action lawsuit against Coconino County Sheriff James Driscoll and Commander of the Coconino County Jail Matt Figueroa (collectively, "County"). Morales challenges the County's policy of detaining persons for up to 48 hours past the satisfaction of their local charges upon a timely written request by Immigration and Customs Enforcement ("ICE").1 He further challenges the trial court's denial of class certification under Arizona Rule of Civil Procedure ("Rule") 23. 1 The United States Department of Homeland Security ("DHS") is authorized to issue a detainer request to law enforcement to "seek[] custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien." 8 C.F.R. § 287.7(a). Once the individual has completed his local criminal custody, the detainer instructs the agency to detain the individual for a period not to exceed 48 hours so that ICE can assume custody. 8 C.F.R. § 287.7(d). The County has a policy to detain suspected removable persons for a period of up to 48 hours past satisfaction of their local charges upon a timely written request by ICE. Arizona law permits law enforcement officials to communicate with federal agencies regarding the enforcement of immigration laws. A.R.S. § 11-1051(B), (F). 2 MONTELONGO-MORALES v. DRISCOLL, et al. Decision of the Court ¶2 On cross-appeal, County asserts that: (1) Morales did not have standing, but if he did, he should be held to his settlement agreement with the County; and (2) the trial court erred in finding that Morales' putative class met the class action numerosity requirement. Finding Morales has no standing, we affirm the dismissal. FACTS AND PROCEDURAL BACKGROUND ¶3 Police arrested Morales on an outstanding warrant stemming from a 2016 failure to appear on various traffic and drug charges. He was booked into the Coconino County jail. That same day, ...
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