United States of America v. State of California et al

Filing 213

NOTICE of filing second amended declaration of Cherokee Melton in opposition to 2 Motion for Preliminary Injunction. (Attachments: # 1 Second Amended Declaration of Cherokee Melton, # 2 Exhibit A-L, # 3 Exhibit M-P, # 4 Exhibit Q-S)(Melton, Cherokee) Modified on 10/22/2018 (Kastilahn, A).

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XAVIER BECERRA
Attorney General of California
THOMAS PATTERSON
MICHAEL NEWMAN
Senior Assistant Attorney General
SATOSHI YANAI
ANTHONY HAKL
Supervising Deputy Attorneys General
CHRISTINE CHUANG
CHEROKEE DM MELTON
LEE I. SHERMAN
Deputy Attorneys General
State Bar No. 272271
300 S. Spring Street
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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THE UNITED STATES OF AMERICA,

Case No. 2:18-cv-00490-JAM-KJN

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Plaintiff,

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SECOND AMENDED DECLARATION
OF CHEROKEE MELTON IN SUPPORT
OF DEFENDANTS’ OPPOSITION TO
THE STATE OF CALIFORNIA; EDMUND PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
GERALD BROWN JR., Governor of
California, in his official capacity; and
XAVIER BECERRA, Attorney General of
Judge: Honorable John A. Mendez
California, in his official capacity,
Action Filed: March 6, 2018
Defendants.
v.

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Second Amend. Decl. of Cherokee Melton in Supp. of Defs.’ Opp’n to Pl.’s Mot. for Prelim. Inj.
(18-cv-00490-JAM-KJN)

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I, Cherokee Melton, declare as follows:

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1.

I am a member of the California State Bar, admitted to practice before this Court,

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employed by the Office of the California Attorney General as a Deputy Attorney General, and

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counsel to Defendants in this action.

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2.

In December 2017, the Attorney General’s Office began visiting California

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detention facilities that hold civil immigration detainees, pursuant to Assembly Bill 103 (AB

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103), codified at Government Code § 12532.

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3.

As of February 2018, the Attorney General’s Office had visited the following five

county-owned facilities used by Immigration and Customs Enforcement (ICE) to hold civil

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immigration detainees: Contra Costa West County Detention Facility; James A. Musick Facility;

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Theo Lacy Facility; Rio Cosumnes Correction Center; and Yuba County Jail. In addition, the

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Attorney General’s Office has visited Yolo County Juvenile Detention Facility which, upon

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information and belief, contracts with the Office of Refugee Resettlement to hold juvenile civil

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immigration detainees.

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4.

The Attorney General’s Office has not yet gained access to the following four

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privately-owned facilities: Adelanto Detention Center; Mesa Verde Detention Facility; Imperial

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Regional Detention Facility; and Otay Mesa Detention Center.

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5.

Attached hereto as Exhibit A, is a true and correct copy of excerpts from the

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certified transcript of the deposition of Thomas Homan, taken on Tuesday, April 10, 2018, in

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Washington D.C.

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6.

Attached hereto as Exhibit B is a true and correct copy of Bates No.

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USvCA_Homan_Depo000463, produced at the deposition of Mr. Homan on April 10, 2018, and

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marked as Homan Exhibit 5. This exhibit was designated CONFIDENTIAL by Plaintiff and has

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been filed provisionally under seal pending Court Order. See Notice of Request to Seal

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Documents in Support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary

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Injunction, filed concurrently herewith.

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7.

Attached hereto as Exhibit C is a true and correct copy of Bates No.

USvCA_Homan_Depo000389, produced at the deposition of Mr. Homan on April 10. 2018. This
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Second Amend. Decl. of Cherokee Melton in Supp. of Defs.’ Opp’n to Pl.’s Mot. for Prelim. Inj.
(18-cv-00490-JAM-KJN)

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document was designated CONFIDENTIAL by Plaintiff and has been filed provisionally under

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seal pending Court Order. See Notice of Request to Seal Documents in Support of Defendants’

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Opposition to Plaintiff’s Motion for Preliminary Injunction, filed concurrently herewith.

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Attached hereto as Exhibit D is a true and correct copy of Bates No.

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USvCA_Homan_Depo000246-250, produced at the deposition of Mr. Homan on April 10, 2018.

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This document was designated CONFIDENTIAL by Plaintiff and has been filed provisionally

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under seal pending Court Order. See Notice of Request to Seal Documents in Support of

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Defendants’ Opposition to Plaintiff’s Motion for Preliminary Injunction, filed concurrently

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herewith.

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9.

Attached hereto as Exhibit E is a true and correct copy of excerpts from the

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certified transcript of the deposition of Todd Hoffman, including an errata sheet with corrections

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to cited sections of the excerpts, taken Thursday, April 12, 2018, in Washington D.C.

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10.

Attached hereto as Exhibit F is a true and correct copy of Bates No.

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USvCA_Hoffman_Depo000001-000005, produced at the deposition of Mr. Hoffman on April 10,

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2018, and marked as Hoffman Exhibit 11. This exhibit was designated CONFIDENTIAL by

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Plaintiff and has been filed provisionally under seal pending Court Order. See Notice of Request

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to Seal Documents in Support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary

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Injunction, filed concurrently herewith.

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11.

Attached hereto as Exhibit G is a true and correct copy of Bates No.

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USvCA_Hoffman_Depo000006-000011, produced at the deposition of Mr. Hoffman on April 10,

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2018, and marked Hoffman Exhibit 12. This exhibit was designated CONFIDENTIAL by

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Plaintiff and has been filed provisionally under seal pending Court Order. See Notice of Request

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to Seal Documents in Support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary

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Injunction, filed concurrently herewith.

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12.

Attached hereto as Exhibit H is a true and correct copy of Bates No.

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USvCA_Hoffman_Depo0000012-000017, produced at the deposition of Mr. Hoffman on April

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10, 2018, and marked Hoffman Exhibit 13. This exhibit was designated CONFIDENTIAL by

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Plaintiff and has been filed provisionally under seal pending Court Order. See Notice of Request
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Second Amend. Decl. of Cherokee Melton in Supp. of Defs.’ Opp’n to Pl.’s Mot. for Prelim. Inj.
(18-cv-00490-JAM-KJN)

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to Seal Documents in Support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary

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Injunction, filed concurrently herewith.

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13.

Attached hereto as Exhibit I is a true and correct copy of Bates No.

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USvCA_Hoffman_Depo0000018-000023, produced at the deposition of Mr. Hoffman on April

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10, 2018, and marked Hoffman Exhibit 14. This exhibit was designated CONFIDENTIAL by

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Plaintiff and has been filed provisionally under seal pending Court Order. See Notice of Request

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to Seal Documents in Support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary

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Injunction, filed concurrently herewith

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Attached hereto as Exhibit J is a true and correct copy of a webpage from the

Alameda County Sheriff’s Office that I accessed and downloaded on May 2, 2018.
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Attached hereto as Exhibit K is a news article titled “Alameda County Sheriff’s

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Decision to Make Inmate Release Dates Public Stirs Concern Among Immigrant Rights

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Advocates,” dated April 3, 2018. I accessed and downloaded this article on May 2, 2018 at

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https://www.eastbayexpress.com/SevenDays/archives/2018/04/03/alameda-county-sheriffs-

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office-decision-to-make-inmate-release-dates-public-stirs-concern-among-immigrant-rights-

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advocates.

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16.

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Attached hereto as Exhibit L is a true and correct copy of the privilege log

produced by the United States on April 19, 2018 in this matter.
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Attached hereto as Exhibit M is a summary index of information contained in

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detention facility contracts, Exhibits N-S, which were produced by Plaintiff and filed under seal.

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See ECF No. 80. Pursuant to the Court’s order filed October 16, 2018 (ECF No. 212), Exhibit M

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is ordered unsealed and attached hereto.

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18.

Attached hereto as Exhibit N is a true and correct copy of an excerpt of an

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Intergovernmental Service Agreement produced by Plaintiff. This exhibit was filed under seal.

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See ECF No. 80. Pursuant to the Court’s order filed October 16, 2018 (ECF No. 212), Exhibit N

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is ordered unsealed with limited redactions and attached hereto.

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Attached hereto as Exhibit O is a true and correct copy of an excerpt of an

Intergovernmental Service Agreement produced by Plaintiff. This exhibit was filed under seal.
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Second Amend. Decl. of Cherokee Melton in Supp. of Defs.’ Opp’n to Pl.’s Mot. for Prelim. Inj.
(18-cv-00490-JAM-KJN)

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See ECF No. 80. Pursuant to the Comi's order filed October 16, 2018 (ECF No. 212), Exhibit 0

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is ordered unsealed with limited redactions and attached hereto.

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Attached hereto as Exhibit P is a true and correct copy of an excerpt of an

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Intergovernmental Service Agreement produced by Plaintiff. This exhibit was filed under seal.

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See ECF No. 80. Pursuant to the Court's order filed October 16, 2018 (ECF No. 212), Exhibit P

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is ordered unsealed and attached hereto.

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Attached hereto as Exhibit Q is a true and correct copy of an excerpt of an

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Intergovernmental Service Agreement produced by Plaintiff. This exhibit was filed under seal.

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See ECF No. 80. Pursuant to the Court's order filed October 16, 20 I 8 (ECF No. 212), Exhibit Q

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is ordered unsealed with limited redactions and attached hereto.
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Attached hereto as Exhibit R is a true and correct copy of an excerpt of a contract

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for detention services produced by Plaintiff. This exhibit was filed under seal. See ECF No. 80.

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Pursuant to the Court's order filed October 16, 2018 (ECF No. 212), Exhibit R is ordered

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unsealed with limited redactions and attached hereto.

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Attached hereto as Exhibit S is a true and correct copy of an excerpt of an

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Intergovernmental Agreement produced by Plaintiff. Th.is exhibit was filed under seal. See ECF

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No. 80. Pursuant to the Court's order filed October 16, 2018 (ECF No. 212), Exhibit S is

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ordered unsealed with limited redactions and attached hereto.

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I declare under penalty of perjury under the laws of the United States that the foregoing is

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true and correct and that this declaration was executed on October 17, 2018 in Los Angeles,

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California.

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Second Amend. Deel. of Cherokee Melton in Supp. ofDefs.' Opp'n to Pl.'s Mot. for Prelim. lnj.
( l 8-cv-00490-J AM-KJN)