PHOENIX -- Arizona won't be able to implement key sections of its new immigration law until early November -- if not later.

Capitol Media Services photo by Howard Fischer Protesters gather in downtown Phoenix across the street from the offices of Maricopa County Sheriff Joe Arpaio. The sheriff has been the focus of demonstrations because of his active role in seeking out illegal immigrants.

The 9th Circuit Court of Appeals has rejected a request by Gov. Jan Brewer for an expedited review of the decision by U.S. District Court Judge Susan Bolton to enjoin five sections of the law that was supposed to take effect Thursday. The judges gave no reason for their refusal.

That order came despite the fact that attorneys for the U.S. Department of Justice had concurred with Brewer's request, though they had asked for slightly more time to prepare.

Under Brewer's scenario, the court could have heard arguments the second week in September.

The order, signed only by the clerk of the appellate court on behalf of the judges, instead follows the standard procedure for appealing a preliminary injunction. That sets out specific deadline for the state to file its brief, for the federal government to respond and, finally, for the state to reply.

More to the point, the order directs the clerk of the appellate court to set a hearing the first week of November.

That also is the week Arizona voters are going to the polls to choose the governor, other statewide elected officials and legislators. That could mean a flood of new publicity about the fight even as voters are going to the polls.

It is highly unlikely the judges will rule that day, or even that week. That could push their decision back into December.

And whichever side loses at that point is virtually certain to seek review by the U.S. Supreme Court.

Calls to Brewer's press aides and legal counsel were not immediately returned.

The order is the latest setback for the governor and other supporters of SB 1070 who say the provisions will help combat illegal immigration in Arizona. More to the point on timing, they believe the law enforcement provisions -- the ones stayed by Bolton -- will give police tools they need to deal with the failure of the federal government to secure the border.

In her order Wednesday, Bolton did allow some sections to take effect as scheduled.

For example, state and local police will be able to charge people who, in certain circumstances, knowingly transport, harbor or conceal illegal immigrants. The judge also left undisturbed language which makes it a state law for someone to stop in traffic to hire a day laborer, or for a day laborer to get into a stopped vehicle.

The judge also said Arizona is free to require state and local police to enforce federal immigration laws to the extent permitted by federal law, and for legal Arizona resident to sue cities and agencies that have policies which limit enforcement.

But Bolton placed on "hold'' a provision which requires police who have stopped someone for any other reason to verify their legal presence in this country if there is "reasonable suspicion'' they are illegal immigrants.

She also barred the state from enforcing laws which:

- Require police to check the immigration status of all who are arrested before they can be released;

- Let officers make arrests without a warrant of any foreign national, legal or otherwise, who has committed an offense that makes them "removable'' from this country under federal law;

- Make it a violation of state law for foreigners to fail to carry papers from the U.S. government showing they have a legal right to be in the United States. This last provision effectively make being an illegal immigrant a state crime.

The judge said attorneys from the U.S. Department of Justice had shown her that they are likely to succeed after a full-blown trial to prove that the affected sections are preempted by federal law. Bolton also said she was convinced that letting them take effect now, while the case makes its way through the legal system, would create hardships, both on individuals wrongfully detained and on Immigration and Customs Enforcement which would have to respond to many more requests from state and local police to verify the legal status of those questioned.

Bolton's injunction, though, is apparently not deterring efforts elsewhere to enact similar laws.

On Friday a delegation of Republican lawmakers from Tennessee met with Sen. Russell Pearce, R-Mesa, who sponsored the Arizona legislation, to review the law with an eye on mirroring the legislation in their state. Rep. Joe Carr said he sees no reason to hold back while the dispute over the Arizona law makes its way through the federal courts.

Pearce also noted that her decision is not binding on Tennessee. Nor would any ruling by the 9th Circuit have any legal authority in that state.