United States of America v. State of California et al

Filing 6

MOTION for enlargement of page limit for memorandum in support of 2 motion for preliminary injunction by United States of America. (Attachments: # 1 Proposed Order)(Reuveni, Erez) Modified on 3/7/2018 (Zignago, K.).

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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, Office of Immigration Litigation
U.S. Department of Justice, Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel. [phone]
[e-mail]
DAVID SHELLEDY
Civil Chief, Assistant United States Attorney
LAUREN C. BINGHAM
JOSEPH A. DARROW
JOSHUA S. PRESS
Trial Attorneys
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,
No. 18-cv-490
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,

PLAINTIFF’S REQUEST FOR
LEAVE TO FILE ITS MEMORANDUM IN
SUPPORT OF ITS MOTION FOR
PRELIMINARY INJUNCTION IN EXCESS
OF THE PAGE LIMIT

Defendants.

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Pursuant to this Court’s standing order, Plaintiff, the United States, hereby requests an

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order granting it leave to file a memorandum of law in support of its motion for preliminary

Plaintiff’s Request for Enlargement of Page Limit

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injunction that does not exceed 40 pages. The United States filed its motion and accompanying

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memorandum on March 6, 2018, before this Court was assigned this case. Under this Court’s

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standing order, unless otherwise permitted by the Court, the current page limit for a

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memorandum in support of such a motion is 25 pages. Prior to filing, Plaintiff made every effort

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to make its memorandum in support of its motion for preliminary injunction as short as possible.

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However, under the current page limit, Plaintiff is unable to present its arguments in sufficient

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detail to permit their full and careful consideration.

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Plaintiff’s motion for preliminary injunction and supporting memorandum involves a
constitutional preemption challenge to portions of three provisions of California law, Assembly

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Bill 103 (“AB 103”), Assembly Bill 450 (“AB 450”), and Senate Bill 54 (“SB 54”). See

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Complaint, ECF 1; Mem. in Support of Mot. for Preliminary Injunction, ECF 2-1, at 1-2. These

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laws include several provisions that directly relate to the area of federal immigration law, which

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is itself “exceedingly complex.” See Local 512, Warehouse and Office Workers' Union v.

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N.L.R.B., 795 F.2d 705, 721 (9th Cir. 1986) (abrogated on other grounds); see also Lok v. INS,

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548 F.2d 37, 38 (2d Cir. 1977) (noting that federal immigration laws bear “striking resemblance
. . . to . . . King Minos’s labyrinth in ancient Crete”).
Plaintiff’s motion for preliminary injunction and memorandum in support challenges the
constitutionality of AB 103, AB 450, and SB 54, which together include several distinct sections

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relating to different facets of immigration law, including the employment, apprehension,
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detention, and removal of unlawfully present aliens. In order to fully present its argument for a

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preliminary injunction, Plaintiff’s supporting memorandum must describe in sufficient detail the

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United States’ preemption challenge to eight distinct provisions in these three state laws

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(Sections 7285.1, 7285.2, 7284.6(a)(1)(C) & (D), 7284.6(a)(4), and 12532 of the California

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Plaintiff’s Request for Enlargement of Page Limit

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Government Code and Sections 90.2 and 1019.2 of the California Labor Code). This requires

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Plaintiff to set forth the relevant federal immigration framework and the ways in which AB 103,

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AB 450, and SB 54 conflict with that framework and with the United States’ conduct of foreign

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relation, improperly regulate United State officials and contractors, and discriminate against the
United States. Further, Plaintiff’s supporting memorandum must set forth the irreparable harm

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that the United States will face if these provisions are not enjoined, as well as the impact that an

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injunction will have on Defendants and the public as a whole. To this end, Plaintiff has filed

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multiple supporting declarations from officials within the U.S. Department of Homeland

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Security’s Immigration and Customs Enforcement and Customs and Border Protection, and the

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U.S. Department of State. Proper treatment of these issues by Plaintiff will require it to exceed
the standard page limit.

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Moreover, the validity of these laws is a matter of great significance to the nation as a

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whole, given that other jurisdictions have passed or are considering similar immigration-related

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measures. It is all the more critical, therefore, to have as complete an argument as possible in this

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matter.

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Plaintiff filed its proposed Motion for Preliminary Injunction and Memorandum of Law

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in Support prior to this case on March 6, 2018, prior to this case’s assignment to this Court.

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Given the timing of this filing, undersigned counsel has not yet been able to contact counsel for

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Defendants concerning this motion for an enlargement of pages. Nonetheless, granting this
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request will not prejudice Defendants. Should this motion be granted, Plaintiff will not oppose a

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similar request by Defendants, collectively, for leave to file a response with a equivalent number

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of pages.

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For the foregoing reasons, Plaintiff respectfully requests that this Court grant its Request

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Plaintiff’s Request for Enlargement of Page Limit

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for Leave to File its Motion for Preliminary Injunction and Supporting Memorandum in Excess

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of the Page Limit.

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DATED: March 7, 2018

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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/s/ Erez Reuveni
EREZ REUVENI
Assistant Director
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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DAVID SHELLEDY
Civil Chief, Assistant United States
Attorney

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LAUREN C. BINGHAM
JOSEPH A. DARROW
JOSHUA S. PRESS
Trial Attorneys

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Attorneys for Plaintiff
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Plaintiff’s Request for Enlargement of Page Limit

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CERTIFICATE OF SERVICE
I hereby certify that on March 7, 2018, I electronically transmitted the attached document
to the Clerk’s Office using the U.S. District Court for the Eastern District of California’s
Electronic Document Filing System (ECF) and will include this motion with the summons and

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Complaint to be served on Defendants in this case.

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/s/ Erez Reuveni
EREZ REUVENI
Assistant Director

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Plaintiff’s Request for Enlargement of Page Limit

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