United States of America v. State of California et al

Filing 75

DECLARATION of Joe Dominic in opposition to 2 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Chris Caligiuri, # 2 Declaration of Arif Alikhan, # 3 Declaration of Jim Hart, # 4 Declaration of Jeffrey Rosen, # 5 Declaration of Diana Carbajal, # 6 Declaration of Holly Cooper, # 7 Declaration of Tom Wong)(Sherman, Lee)

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1 XAVIER BECERRA 2 THOMAS PATTERSON 3 MICHAEL NEWMAN SATOSHI YANAI 4 5 6 7 S 9 10 Attorney General of California Senior Assistant Attorney General Supervising Deputy Attorneys General CHRISTINE CHUANG ANTHONY HAKL CHEROKEE DM MELTON LEE I. SHERMAN Deputy Attorneys General State Bar No. 272271 3005. Spring Street Los Angeles, CA 90013 Telephone: (213)269-6404 Fax: (213)897-7605 E-mail: Lee.Sherman@doj.ca.gov Attorneysfor Defendants 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 2 0 21 22 .THE UNITED STATES OF AMERICA, ~ Case No. 2:18-cv-00490-JAM-KJN Plaintiff, DECLARATION OF DIANA CARBAJAL IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S THE STATE OF CALIFORNIA;EDMUND 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 . 23 2 4 25 2 6 27 28 Decl. of Diana Carbajal in Supp. ofDefs.' Opp'n to Pl.'s Mot. for Prelim. Inj. ( 18-cv-00490-JAM-KJN) 1 I, Diana Carbajal, declare as follows: 2 1. I am a resident of the State of California. I have personal knowledge of the facts 3 set forth in this declaration. If called as a witness, I could and would testify competently to the 4 matters set forth below. 5 2 . I am familiar with Senate Bi1154("SB 54"), California Government Code section 6 7282 et seq., which I understand is being challenged in this case. Moreover, I have reviewed the 7 Amended Declaration of Thomas Homan filed in this matter on Apri12, 2018(ECF No. 46-2). I 8 recognize his description of events in paragraph 78 of his Amended Declaration to refer to a 9 request for extradition that was made by Los Angeles County. My declaration provides a true and 10 11 accurate account ofthe events connected with that request. 3 . I am currently employed as a Deputy District Attorney, Extradition Services 12 Coordinator at the Los Angeles District Attorney's Office. I have served as a Deputy District 13 Attorney in that section for over thirteen (13) years, and have served as Coordinator of that 14 section for three (3). My responsibilities as Coordinator include making and supervising 15 extradition requests to the Office ofInternational Affairs("OIA") within the United States 16 Department of Justice for fugitives to be extradited to the United States to face prosecution for 17 charges pending in Los Angeles County. Over the course of my career, I have made hundreds of 18 requests for extradition to OIA. 19 4 . Based on my experience, after a foreign country orders the extradition of a foreign 2 0 national fugitive to the United States, OIA then requests parole entry for that individual from 21 Homeland Security Investigations in Immigration and Customs Enforcement("ICE/HSI") within 22 the Department ofHomeland Security. 23 5. On Apri16, 2017, an attorney with Los Angeles County submitted an extradition 2 4 request to OIA for a Guatemalan national("Charged Individual") who my office charged with . 2 5 multiple counts ofchild abuse. On July 28,2017, the Charged Individual was arrested in 2 6 Guatemala pursuant to Los Angeles County's request for provisional arrest. The Los Angeles 27 County District Attorney was notified immediately thereafter. On September 30, 2017, I began to 28 personally handle this request for extradition. 1 Decl. of Diana Carbajal in Supp. of Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj. ( 18-cv-00490-JAM-KJN) 1 6. On August 15, 2017, Los Angeles County received confirmation that the Charged . 2 Individual consented to extradition. The Charged Individual's surrender to the United States was 3 later scheduled for December 7, 2017. 4 7 . On December 5, 2017, I was informed by a representative with OIA that ICE/HSI 5 would not grant parole entry for the Charged Individual unless Los Angeles County provided 6 written assurances that Los Angeles County would comply with an ICE detainer on the Charged 7 Individual. This was the first time in my career.that I was ever asked to provide any assurances in 8 order for a request for extradition to be granted. 9 10 8 . 11 12 On December 11, 2017, I similarly signed a letter to ICE/HSI directly requesting parole 13 entry for the Charged Individual, and offering to make all efforts to cooperate with ICE/HSI to 14 return the person back to Guatemala upon release as permitted by law. I also communicated 15 those assurances directly to Deputy Assistant Director for ICE/HSI during a telephone conference 16 on or about December 8, 2017. 17 9 . During the phone conference on December 8, 2017, the Deputy Assistant Director 18 f ICE/HIS told me that notwithstanding those assurances, ICE/HSI would reject Los Angeles or 19 County's request for parole entry ofthe Charged Individual. 2 0 10. For the next two months, I continued to work with OIA in an attempt to facilitate 21 Los Angeles County's extradition request. On February 9, 2018, Los Angeles County sent a 22 second letter to ICElHSI requesting extradition ofthe.Charged Individual. In that letter, Los 23 Angeles County agreed to make four assurances: 2 4 2 5 2 6 27 28 2 Decl. ofDiana Carbajal in Supp, of Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj. ( 18-cv-00490-JAM-KJN) 1 My understanding is that the assurances that Los Angeles County agreed to are consistent with SB 54. 2 3 11. On or about February 20, 201 S, OIA notified me that ICE/HSI granted parole entry 4 for the Charged Individual based on the assurances.Los Angeles County made in the February 9 5 letter. On February 2,7, 2.018, the charged person entered the country and was placed in the 6 custody of Los Angeles County Sheriffs Department. 7 g I declare under penalty of perjury under the laws ofthe United States that the foregoing is true and correct and that this declaration was executed on Apri125, 2018 in Los Angeles, g California. 10 11 12 13 DIANA CA B JAL 14 15 16 17 18 19 2 0 21 22 23 2 4 25 2 6 27 28 3 . Decl. of Diana Carbajal in Supp. of Defs.' Opp'n to Fl.'s Mot. for Prelim. Inj. (1'8-cw0049U-JAM-KJN)

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