United States of America v. State of California et al

Filing 171

REPLY by United States of America to RESPONSE to 2 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Reuveni, Erez)

EXHIBIT L

Arif Alikhan

May 24, 2018
Page 1

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,
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)
)

Plaintiff,
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)
)

vs.

) Case No.

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) 2:18-cv-00490-JAM-KJN
THE STATE OF CALIFORNIA; EDMUND)

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GERALD BROWN, JR., Governor of )
California, in his official

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)

capacity; and XAVIER BECERRA,

)

Attorney General of California,)
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in his official capacity,

)
)

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Defendants.

)

_______________________________)
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VIDEO RECORDED DEPOSITION OF ARIF ALIKHAN

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Los Angeles, California

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Thursday, May 24, 2018

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Reported by:

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Lisa Hess
CSR No. 13045

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www.CapitalReportingCompany.com
202-857-3376

Arif Alikhan

May 24, 2018
Page 2

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2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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5
THE UNITED STATES OF AMERICA,
6

)
)

Plaintiff,
7

)
)

vs.

) Case No.

8

) 2:18-cv-00490-JAM-KJN
THE STATE OF CALIFORNIA; EDMUND)

9

GERALD BROWN, JR., Governor of )
California, in his official

10

)

capacity; and XAVIER BECERRA,

)

Attorney General of California,)
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in his official capacity,

)
)

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Defendants.

)

_______________________________)
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DEPOSITION OF ARIF ALIKHAN, taken on behalf of

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the Plaintiff, at 100 W. 1st Street, Los Angeles,

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California, beginning at 9:19 a.m. and ending at

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1:35 p.m., on Thursday, May 24, 2018, reported by

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LISA HESS, CSR. No. 13045, a Certified Shorthand

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Reporter for the State of California, pursuant to

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Notice.

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202-857-3376

Arif Alikhan

May 24, 2018
Page 3

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APPEARANCES:

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3
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For the Plaintiff
U.S. DEPARTMENT OF JUSTICE
BY:

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JOSEPH A. DARROW, ESQ.

FRANCESCA M. GENOVA, ESQ.
Ben Franklin Station

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P.O. Box 868
Washington, DC 20044

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[phone]
[e-mail]

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[e-mail]

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U.S. DEPARTMENT OF HOMELAND SECURITY
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BY:

CHRISTOPHER A. MILLER, ESQ.

24000 Avila Road, Room 6080
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Laguna Niguel, California 92677
[phone]

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[e-mail]

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For the Defendant:
STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL

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BY:

JASLEEN SINGH, ESQ.
SATOSHI YANAI, ESQ.

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CHEROKEE DM MELTON, ESQ.
300 S. Spring Street, suite 1702

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Los Angeles, California 90013
[phone]

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[e-mail]
[e-mail]

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[e-mail]

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Arif Alikhan

May 24, 2018

Page 4
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Appearances (Cont'd):

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CITY Of LOS ANGELES
BY:

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BENJAMIN CHAPMAN, ESQ.
MIKE DUNDAS, ESQ.

200 N. Main Street, 6th floor, room 675
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Los Angeles, California 90012
[phone]

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[e-mail]
[e-mail]

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Videographer:
Michael Beaumont

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Arif Alikhan

May 24, 2018
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was designated by ICE as a previously deported

11:41:34

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aggravated felon.

11:41:36

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Q

Okay.

And why did the policy also -- not also

11:41:41

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permit transfer for people with crimes that did not

11:41:45

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constitute aggravated felony?

11:41:48

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7

A

That was the decision that was made sometime

11:41:50

ago.

11:41:52

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Q

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decision?

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A

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Okay.

Do you -- do you know the reasons for the

11:41:55
I don't.

Not specifically.

I think it predated

my time at the LAPD.
Q

11:41:53

Okay.

11:41:55
11:42:00

Do you know who would have made that

11:42:02

determination?

11:42:09

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A

I don't.

11:42:10

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Q

Okay.

11:42:11

Are you aware of any instances where

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somebody who was in LAPD custody who didn't qualify for a

11:42:24

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transfer was released and then was later rearrested for

11:42:29

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committing a crime?

11:42:33

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MR. CHAPMAN:

Objection.

That lacks foundation.

you know of any specific person?
THE WITNESS:

I'm sure it's happened, but I -- I

Do

11:42:36
11:42:38
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don't remember any specific instance similar to that.

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BY MR. DARROW:

11:42:47

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Q

Okay.

In those instances where -- where L.A.

determines that the person has committed a sufficient

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11:42:48
11:43:00

Arif Alikhan

May 24, 2018
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BY MR. DARROW:
Q

11:46:58

But generally speaking, based on your general

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understanding of human nature, isn't there a greater

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opportunity for somebody to resist or flee when they need

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to be apprehended free in the world, as opposed to being

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unhandcuffed by a police officer right in the presence of

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the ICE officer?

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MR. CHAPMAN:

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Objection.

It's not calculated to lead

11:47:19

to relevant evidence as to Mr. Alikhan's testimony about

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human nature.

11:47:24

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testify about human nature, you can.

Calls for speculation.

If you want to

11:47:27

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THE WITNESS:

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they can resist.

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to flee.

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I mean the tactical circumstances.

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mentioned, we will contact ICE and transfer somebody if

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they fit within the legal and policy definitions, and try

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to do that as safely and securely as we can.

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Q

I mean, if somebody wants to resist,

11:47:29

If somebody wants to flee, they can try

11:47:31

It all depends on what the circumstances are.
I mean, we -- as I

It's just that in your declaration, you say that

11:47:34
11:47:36

11:47:55

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this policy on transfer largely pre-existed SB 54, and

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that the policies designed by the City are intended to

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promote public safety and cooperation with the community.

11:48:11

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And I am trying to understand how requiring ICE

11:48:15

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to arrest somebody at large as opposed to in a secure

11:48:21

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facility, how that would promote public safety?

11:48:26

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Arif Alikhan

May 24, 2018
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BY MR. DARROW:
Q

12:45:24

So then based on your understanding, why would

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victims and witnesses have otherwise been afraid to come

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forward if we're talking about policies that only involve

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what L.A. does with people who've been arrested, not the

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victims or witnesses?

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L.A. treats people who've been arrested and the

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willingness of people who haven't been arrested, the

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victims or witnesses to come forward?

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A

What's the connection between how

Well, you're talking about two different groups

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of people, and it's actually the inverse.

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commits a crime, we're going to take action.

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the -- we're very clear about that.

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arrested, there is the possibility that they may be

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deported.

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If somebody

12:46:01

That's

And if somebody's

We don't -- we don't make decisions on whether

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12:46:07
12:46:10

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to arrest somebody or not arrest somebody based on civil

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immigration status or what the consequences are.

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the decision on whether the law was broken and the

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seriousness of their offense and all these other factors.

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Whether a victim or witness is willing to come forward,

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I'm not sure it is not directly related to whether we

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transfer someone or not or the fact that we do transfer a

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serious or violent felons.

12:46:43

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We make

I think the bigger issue on that aspect of it

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12:46:45

Arif Alikhan

May 24, 2018
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is, do they feel we are civil immigration enforcers, or

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are we going to when somebody calls to say they've been

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raped by someone who was a gang member, do they think our

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first call is going to be to immigrations and customs

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enforcement, so they can be deported?

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them as a victim.

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should be kicked out of the country.

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We're not treating

We're treating them as somebody who

Our biggest goal and our responsibility is to

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12:47:07
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find that rapist, arrest them, get that person convicted,

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prove beyond a reasonable doubt in a court of law, and

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send him to prison.

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obligation as criminal law enforcement authority to deal

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with.

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allow transfers of people who are undocumented, illegally

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reentered the company after committing a serious or

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violent offense, I don't think there's a connection

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between the two.

12:47:40

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Q

That's a much more important, in our

So the fact that we are transferring -- and we

Okay.

And then just to try to elicit a point

12:47:41

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you raised, the fact that a victim or witness might feel

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hesitant to call the LAPD because they're worried that

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the first call might be to ICE to say, you know, that

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this person is undocumented, would you say that that is

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less about what any LAPD policy actually is or was and

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were just a misperception of what the LAPD would be

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doing?

12:48:15

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