United States of America v. State of California et al

Filing 169

[WITHDRAWN pursuant to 172 Notice] Request Judicial Notice by United States of America. Motion Hearing set for 6/20/2018 at 10:00 AM before District Judge John A. Mendez. (Attachments: # 1 Proposed Order)(Genova, Francesca) Modified on 6/11/2018 (Donati, J).

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CHAD A. READLER
Acting Assistant Attorney General
MCGREGOR SCOTT
United States Attorney
AUGUST FLENTJE
Special Counsel
WILLIAM C. PEACHEY
Director
EREZ REUVENI
Assistant Director
DAVID SHELLEDY
Civil Chief, Assistant United States Attorney
LAUREN C. BINGHAM
JOSEPH A. DARROW
KATHRYNE M. GRAY
JOSHUA S. PRESS
Trial Attorneys
FRANCESCA GENOVA
Office of Immigration Litigation
U.S. Department of Justice, Civil Division
450 5th Street NW
Washington, DC 20530
Tel. [phone]
[e-mail]
Attorneys for the United States

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,

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Plaintiff,
v.
THE STATE OF CALIFORNIA;
EDMUND GERALD BROWN JR.,
Governor of California, in his Official
Capacity; and XAVIER BECERRA,
Attorney General of California, in his
Official Capacity,
Defendants.

Case No. 2:18-cv-490-JAM-KJN
PLAINTIFF’S REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION AND PLAINTIFF’S REPLY
IN SUPPORT

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Pursuant to Federal Rule of Evidence 201, Plaintiff respectfully requests that the Court take

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judicial notice of 17 documents referenced in Plaintiff’s Memorandum in Support of its Motion for

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Preliminary Injunction (ECF 2-1) and Plaintiff’s Reply to Defendants’ Response to that memorandum

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(ECF 167):

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(1) Angela Hart, ‘We Will Prosecute’ Employers Who Help Immigration Sweeps, California AG Says,

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SACRAMENTO BEE (Jan. 18, 2018, 2:29 PM), http://www.sacbee.com/news/politics-

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government/capitol-alert/article195434409.html, ECF 2-1 at 6 (attached to this Motion

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for the Court’s convenience);

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(2) Hearing on S.B. 54 Before the S. Standing Comm. on Public Safety (Jan. 31, 2017) (statement of Sen.

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Scott Wiener, Member, S. Standing Comm. on Public Safety),

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https://ca.digitaldemocracy.org/hearing/10091?startTime=1478&vid=efa4b1ec99de21c1

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8068aeed7242ca64, ECF 2-1 at 7, 32; ECF 167 at 11;

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(3) California Senate Floor Hearing (Apr. 3, 2017) (statement of President Pro Tempore De León),

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https://ca.digitaldemocracy.org/hearing/52288?startTime=749&vid=40bb5e626b9783f0

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974783b7b5c13432, ECF 2-1 at 7, 32; ECF 167 at 11;

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(4) Press Release, Assemblymember David Chiu, Governor Brown Signs Bill to Provide Labor

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Protections Against ICE Worksite Raids (Oct. 5, 2017), https://a17.asmdc.org/press-

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releases/governor-brown-signs-bill-provide-labor-protections-against-iceworksite-raids,

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ECF 2-1 at 33–34 (attached to this Motion for the Court’s convenience);

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(5) Jazmine Ulloa, California Becomes ‘Sanctuary State’ in Rebuke of Trump Immigration Policy, L.A.

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TIMES (Oct. 5, 2017, 1:45 PM), http://www.latimes.com/politics/la-pol-ca-brown-

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california-sanctuary-state-bill-20171005-story.html, ECF 2-1 at 34 (attached to this

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Motion for the Court’s convenience);

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(6) Cal. Dep’t of Justice, Information Bulletin No. 14-01: Responsibilities of Local Law Enforcement
Agencies under Secure Communities and the TRUST Act (June 25, 2014), ECF 167 at 1, 18;
(7) Kate Morrissey, County Jails Released 349 People Wanted by ICE since ‘Sanctuary Law’ Started, SAN
DIEGO UNION-TRIBUNE (May 28, 2018, 5:00 AM),

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http://www.sandiegouniontribune.com/news/immigration/sd-me-sanctuary-laws-

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20180525-story.html, ECF 167 at 11;

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(8) Mariel Alpher, Matthew R. Durose, Joshua Markman, 2018 Update on Prisoner Recidivism: A 9-

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Year Follow-up Period (2005-2014), BUREAU OF JUSTICE STATISTICS SPECIAL REPORT (U.S.

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Dep’t of Justice, Office of Justice Programs, Bureau of Justice Statistics), May 2018,

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https://www.bjs.gov/content/pub/pdf/18upr9yfup0514.pdf, ECF 167 at 28;

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(9) An Examination of Offenders Released in Fiscal Year 2012-13, 2017 OUTCOME EVALUATION

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REPORT (California Dep’t of Corrections and Rehabilitation, Office of Research), Oct.

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2017, https://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2017-

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Outcome-Evaluation-Report.pdf, ECF 167 at 28;
(10) Cal. Dep’t of Justice, Information Bulletin 18-02-CJIS: California Values Act’s Statistical Reporting

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Requirements (Mar. 28, 2018),

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https://oag.ca.gov/sites/all/files/agweb/pdfs/info_bulletins/18-02-cjis.pdf, ECF 167 at

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29 n.22 (attached for the Court’s convenience);

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(11) Press Release, Cal. Dep’t of Justice, Attorney General Becerra Issues Advisory Providing

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Guidance on the Privacy Requirements of the Immigrant Worker Protection Act (Feb.

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13, 2018), https://oag.ca.gov/news/press-releases/attorney-general-becerra-issues-

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advisory%C2%A0providing-guidance-privacy-requirements, ECF 2-1 at 6;

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(12) Cal. Dep’t of Justice, Immigrant Worker Protection Act (Assembly Bill 450) Frequently Asked

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Questions, https://oag.ca.gov/sites/all/files/agweb/pdfs/immigrants/immigration-

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ab450.pdf (last visited June 7, 2018), ECF 2-1 at 6 (attached to this Motion for the

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Court’s convenience);

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(13) California Committee on the Judiciary Report (Assembly), Apr. 22, 2017, 2017 CA A.B. 450

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(NS) (in Westlaw, scroll to April 22, 2017); ECF 2-1 at 1, 4, 34; ECF 167 at 1, 2;

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(14) California Committee on the Judiciary Report (Senate), July 10, 2017, 2017 CA A.B. 450

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(NS) (in Westlaw, scroll to July 10, 2017), ECF 2-1 at 1, 4, 13, 34; ECF 167 at 24;
(15) Cal. Dep’t of Justice, Information Bulletin DLE 2018-01: Responsibilities of Law Enforcement

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Agencies under the California Values Act, California TRUST Act, and the California TRUTH Act

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(Mar. 28, 2018), https://oag.ca.gov/sites/all/files/agweb/pdfs/law_enforcement/dle-18-

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01.pdf, ECF 167 at 28;

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(16) Immigration & Customs Enforcement, Policy Number 10074.2, Issuance of Immigration Detainers

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by Ice Immigration Officers (April 2, 2017),

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https://www.ice.gov/sites/default/files/documents/Document/2017/10074-2.pdf,

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ECF 167 at 29.

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(17) Cal. Dep’t of Justice, FAQs: Legal Opinions, http://ag.ca.gov/opinions/faqs.php (last visited

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June 8, 2018), ECF 167 at 16.

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Items 2 and 3 are video recordings of hearings held in the California Senate on the bills at

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issue in this case. Documents 13 & 14 are official committee reports, available on Westlaw, on AB

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450. This legislative history is a proper subject of judicial notice. See Anderson v. Holder, 673 F.3d 1089,

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1094 n.1 (9th Cir. 2012).

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Document 4 is a press release by the sponsor of AB 450, California Assemblymember David

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Chiu. The Ninth Circuit routinely takes judicial notice of such materials. See, e.g., Arce v. Douglas, 793

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F.3d 968, 975 (9th Cir. 2015) (“We take judicial notice of the press release, because it is a public record

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on file with the Arizona State Board of Education.”); Taleff v. Southwest Airlines Co., 554 F. App’x 598,

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599 n.1 (9th Cir. 2014) (granting a “request for judicial notice of a Department of Justice press

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release”).

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Documents 1 and 5 are news articles reporting on press conferences by the Attorney General

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of California and sponsors and supporters of SB 54. Document 1 also includes a video of the press

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conference that it discusses. This Court may take judicial notice of this information, as these public

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statements in press conferences can be “accurately and readily determined from sources whose

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accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b)(2); see Crowder v. Kitagawa, 81 F.3d

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1480, 1491 n.10 (9th Cir. 1996).

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Document 7 is a news article detailing statistics maintained by the San Diego County Sheriff’s

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Department. Documents 8 and 9 contain statistics regarding recidivism rates in the United States and

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California. Document 8 contains statistics maintained by the U.S. Department of Justice’s Bureau of

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Justice Statistics. Document 9 includes statistics maintained by the California Department of

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Corrections and Rehabilitation. Courts in the Ninth Circuit routinely take judicial notice of

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government statistics and reports produced in reliance on public statistics. See, e.g., United States v.

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Orozco-Acosta, 607 F.3d 1156, 1164 n.5 (9th Cir. 2010); United States v. Manzo-Jurado, 457 F.3d 928, 936

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n.7 (9th Cir. 2006). The statistics satisfy the “‘essential prerequisite’ to taking judicial notice of an

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adjudicative fact”—readily determinable accuracy. Rivera v. Philip Morris, Inc., 395 F.3d 1142, 1151 (9th

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Cir. 2005) (quoting Fed. R. Evid. 201(a) & (b) advisory committee’s notes).

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Documents 6, 10, 11, 12, 15, and 17 are the California Department of Justice’s published and

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publicly available memoranda and press releases on the TRUST, California Values, and Immigrant

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Worker Protection Acts and legal opinions. Document 16 is Immigration and Customs Enforcement’s

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policy on immigration detainers. These documents are judicially noticeable under Ninth Circuit

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precedent. See, e.g., Teixeira v. Cty. of Alameda, 873 F.3d 670, 676 n.6 (9th Cir. 2017); Owino v. Holder,

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771 F.3d 527, 534 n.4 (9th Cir. 2011) (taking judicial notice of agency memorandum); Daniels-Hall v.

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Nat’l Educ. Ass’n, 629 F.3d 992, 998–99 (9th Cir. 2010).

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Accordingly, the United States respectfully requests that this Court take judicial notice of the
documents referenced in this motion.
DATED: June 8, 2018

Respectfully Submitted,
CHAD A. READLER
Acting Assistant Attorney General

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MCGREGOR SCOTT
United States Attorney

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AUGUST FLENTJE
Special Counsel

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WILLIAM C. PEACHEY
Director

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EREZ REUVENI
Assistant Director

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DAVID SHELLEDY
Civil Chief, Assistant United States Attorney

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/s/ Francesca Genova
FRANCESCA GENOVA
LAUREN C. BINGHAM
JOSEPH A. DARROW
KATHRYNE M. GRAY
JOSHUA S. PRESS
Trial Attorneys
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
450 5th St NW
Washington, DC 20530
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff

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