United States of America v. State of California et al

Filing 46

AMENDED DECLARATIONS by United States of America in Support of 2 Motion for Preliminary Injunction (Attachments: # 1 Supplemental Declaration of Thomas Homan, # 2 Amended Declaration of Thomas Homan, # 3 Supplemental Declaration of Todd Hoffman, # 4 Amended Declaration of Todd Hoffman)(Bingham, Lauren) Modified on 4/2/2018 (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
JOSHUA S. PRESS
Trial Attorneys
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
e-Mail: [e-mail]
Attorneys for the United States of America

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
NO. 2:18–CV–00490-JAM-KJN

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Plaintiff,
v.

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STATE OF CALIFORNIA, et al.,

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PLAINTIFF’S NOTICE OF FILING
CORRECTED DECLARATIONS
Judge: Hon. John A. Mendez

Defendants.

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The United States of America hereby respectfully submits this Notice of Filing of

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Corrected Declarations in order to correct certain discrete factual information in two of the
declarations the United States submitted in support of its Motion for Preliminary Injunction, ECF
No. 2.

Plaintiff’s Notice of Filing
Corrected Declarations

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Attached hereto are the amended declarations of Thomas D. Homan, Deputy Director and

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Senior Official Performing the Duties of the Director, U.S. Immigration and Customs

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Enforcement, and Todd Hoffman, Executive Director, Admissibility and Passenger Programs,

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Office of Field Operations, U.S. Customs and Border Protection, correcting the previously

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submitted declarations, as well as a supplemental declaration from each official explaining the

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corrections that were made. See Exhibits A-D, attached hereto.

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The corrections to the Homan declaration are to paragraphs 19, 44, and 78. Paragraph 19

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incorrectly referred to the number of aliens booked-in to ICE detention facilities in California,

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instead of the number of aliens apprehended in California. Paragraph 44 clarifies one sentence to

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make plain that a detainer was issued against an alien after his arrest, but prior to his later

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conviction, for felony child cruelty, among other offenses. The alien was released without notice

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after that conviction. It also corrects a typographical error to a date. Paragraph 78 has been

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corrected to reflect that the alien in that paragraph, who was charged with multiple counts of child

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abuse, while initially denied parole, was later paroled into the United States after the local

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California law enforcement agency provided assurances, in apparent conflict with SB 54, to notify

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ICE should the alien post bail, be acquitted, or if probable cause were not found. See Declaration

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of Thomas D. Homan, attached hereto as Exhibit A.

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The corrections to the Hoffman declaration are to paragraphs 8 and 15. In paragraph 8, a

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typographical error mistakenly indicated that Los Angeles International Airport is the third largest

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airport in the county by international passengers loaded when it is the second. In paragraph 15, it

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indicated that CBP was unable to take custody of two aliens who are the subject of that paragraph.

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However, due to an anonymous telephone tip of the release date, CBP was able to apprehend

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those two aliens in the jail parking lot. See Declaration of Todd Hoffman, attached hereto as

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Exhibit C.

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Plaintiff’s Notice of Filing
Corrected Declarations

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DATED: April 2, 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, Asst. United States Attorney

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JOSEPH A. DARROW
JOSHUA S. PRESS
Trial Attorneys

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/s/ Lauren C. Bingham
LAUREN C. BINGHAM
Trial Attorney
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Phone: [phone]
[e-mail]

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Attorneys for the United States of America
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Plaintiff’s Notice of Filing
Corrected Declarations

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CERTIFICATE OF SERVICE

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I hereby certify that on April 2, 2018, I electronically transmitted the foregoing document

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to the Clerk’s Office using the U.S. District Court for the Eastern District of California’s

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Electronic Document Filing System (ECF), which will serve a copy of this document upon all

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counsel of record.

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By: /s/ Lauren C. Bingham
LAUREN C. BINGHAM
Trial Attorney
United States Department of Justice
Civil Division

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Attorney for the United States

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Plaintiff’s Notice of Filing
Corrected Declarations

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