United States of America v. State of California et al

Filing 96

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by Immigrant Legal Resource Center, Human Rights Watch, Freedom For Immigrants. Attorney Lee, Elaine Y. added. Motion Hearing set for 6/20/2018 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Proposed Amici Curiae Brief, # 2 Proposed Order)(Lee, Elaine) Modified on 5/21/2018 (Benson, A.).

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PILLSBURY WINTHROP SHAW PITTMAN LLP
KIRKE M. HASSON #61446
[e-mail]
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111-5998
Telephone: [phone]
Facsimile: 415.983.1200
ELAINE Y. LEE #293452
[e-mail]
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: [phone]
Facsimile: 213.629.1033
Attorneys for Amici Curiae,
IMMIGRANT LEGAL RESOURCE CENTER,
HUMAN RIGHTS WATCH,
& FREEDOM FOR IMMIGRANTS

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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,

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Plaintiff,
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v.
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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,

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Defendants.

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Case No. 2:18-cv-00490-JAM-KJN
UNOPPOSED MOTION BY
IMMIGRANT LEGAL RESOURCE
CENTER, HUMAN RIGHTS
WATCH, AND FREEDOM FOR
IMMIGRANTS FOR LEAVE TO
FILE AMICI CURIAE BRIEF IN
SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION
Hearing Date: _June 20, 2018
Hearing Time: 10:00 a.m.
Courtroom:
6
The Honorable John A. Mendez

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

UNOPPOSED MOTION BY ILRC, HRW, & FFI
FOR LEAVE TO FILE AMICI CURIAE BRIEF
IN SUPPORT OF DEFENDANTS’ OPP. TO
MOTION FOR PRELIMINARY INJUNCTION

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Pursuant to the Court’s March 27, 2018 Minute Order (Dkt. No. 37) and

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Rule 29 of the Federal Rules of Appellate Procedure, Immigrant Legal Resource

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Center (“ILRC”), Human Rights Watch (“HRW”), and Freedom For Immigrants

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(“FFI”) respectfully move this Court for leave to file the attached amici curiae brief

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in support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary

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Injunction. No party opposes the granting of this motion.

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District courts have broad discretion to appoint amici curiae. Hoptowit v.

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Ray, 682 F.2d 1237, 1260 (9th Cir. 1982). 1 The amici curiae brief of ILRC, HRW,

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and FFI, submitted herewith, is both relevant and helpful to the Court. See FED. R.

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APP. P. 29(b)(2).
Immigrant Legal Resource Center is a national nonprofit legal support center

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with offices in San Francisco, California and Washington D.C. The mission of the

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ILRC is to work with, educate, and enhance the capacity of immigrants, community

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organizations, and the legal sector in order to build a democratic society that values

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diversity, dignity, and the rights of all people. Founded in 1979, the ILRC is

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regarded as one of the foremost experts on engaging immigrants and developing

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their leadership in the democratic process, providing expertise on complex issues of

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immigration law, procedure and policy, and engaging in advocacy and educational

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initiatives on policies that affect immigrants.

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ILRC has been amicus curiae in over fourteen cases over the last two years

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including in cases before California District Courts in California v. Sessions (Case

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No. 3:17-cv-04701), the California Supreme Court in People v. Patterson (Case No.

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S225193), the Ninth Circuit Court of Appeals in Marinelarena v. Sessions (Case No.

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14-72003) and the U.S. Supreme Court in Esquivel-Quintana v. Sessions (Case No.

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16-54), Jennings v. Rodriguez (Case No. 15-1204) and Lee v. United States (Case

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1 Abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 (1995).

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

UNOPPOSED MOTION BY ILRC, HRW, & FFI
FOR LEAVE TO FILE AMICI CURIAE BRIEF
IN SUPPORT OF DEFENDANTS’ OPP. TO
MOTION FOR PRELIMINARY INJUNCTION

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No. 16-327).
Human Rights Watch is a non-profit, independent organization and the largest
international human rights organization based in the United States. Since 1978,
Human Rights Watch has investigated and exposed human rights violations and
challenged governments to protect the human rights of citizens and noncitizens
alike. Human Rights Watch investigates allegations of human rights violations in
more than 90 countries around the world, including in the United States, by
interviewing witnesses, gathering information from a variety of sources, and issuing
detailed reports. Where human rights violations have been found, Human Rights
Watch advocates for the enforcement of those rights with governments and
international organizations and in the court of public opinion.
HRW has been amicus curiae on immigration cases before the Board of
Immigration Appeals, the Ninth Circuit Court of Appeals in Rodriguez v. Swartz
(Case No. 4:14-cv-02251), J.E.F.M. v. Lynch, Casas-Castrillon v. Lockyer (Case
No. 2:14-cv-01026); the Inter-American Court of Human Rights in Wayne Smith and
Hugo Armendariz v. the United States of America (Case No. 12.562); and the US
Supreme Court in, inter alia, Lynch v. Morales-Santana (Case No. 15-1191), Ziglar
v. Abbasi et al. (Case No. 15-1358), and Jama v. US Immigration and Customs
Enforcement (Case No. 03-674). On other national security, criminal justice, and
human rights issues, the organization regularly serves as amicus curiae before
several other US Courts of Appeals, District Courts, the U.S. Supreme Court,
appellate courts in other countries, and international courts and tribunals.
Freedom For Immigrants (formerly Community Initiatives for Visiting
Immigrants in Confinement) was founded in 2010 as the first immigration detention
visitation program in California. It then joined forces with four other visitation
programs around the country and established a national visitation network. Between
2012 and 2017, FFI grew the national visitation network to 43 immigrant prisons

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

UNOPPOSED MOTION BY ILRC, HRW, & FFI
FOR LEAVE TO FILE AMICI CURIAE BRIEF
IN SUPPORT OF DEFENDANTS’ OPP. TO
MOTION FOR PRELIMINARY INJUNCTION

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and jails, and launched the largest national free hotline for people in immigration

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detention. FFI visits and monitors these 43 immigrant prisons and jails in California

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and nationwide. Through these visits, FFI gathers data and stories to combat

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injustice at the individual level and push for systematic change.

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FFI has been amicus curiae concerning immigration detention conditions in a

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number of federal cases, including the U.S. Supreme Court in Jennings v. Rodriguez

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(Case No. 15-1204), and the D.C. Circuit Court of Appeals in Global Tel*Link v.

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Federal Communications Commission (Case No. 15-1461).

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The amici curiae brief of ILRC, HRW, and FFI provides insight into the

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conditions of California’s immigration detention centers. It offers examples of the

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conditions of immigration detention centers in California based on stories learned by

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ILRC, HRW, and FFI through their interactions with detained persons. As further

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discussed in the brief, these stories are relevant to Defendants’ Opposition to

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Plaintiff’s Motion for Preliminary Injunction because they demonstrate that AB 103

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is necessary for the State of California to review and determine the full extent of

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general welfare, health, and safety conditions in the immigration detention centers

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within its borders.

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Pursuant to Rule 29(c)(5) of the Federal Rules of Appellate Procedure, ILRC,

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HRW, and FFI state that: (A) there is no party or counsel for a party in the pending

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case who authored the amicus brief in whole or in part; (B) there is no party or

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counsel for a party in the pending case who contributed money that was intended to

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fund preparing or submitting the brief; and (C) no person or entity contributed

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money that was intended to fund preparing or submitting the brief, other than ILRC,

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HRW, FFI, and their members.

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For the foregoing reasons, ILRC, HRW, and FFI respectfully request that the

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Court grant their motion to file the attached brief in support of Defendants’

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Opposition to Plaintiff’s Motion for Preliminary Injunction.

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

UNOPPOSED MOTION BY ILRC, HRW, & FFI
FOR LEAVE TO FILE AMICI CURIAE BRIEF
IN SUPPORT OF DEFENDANTS’ OPP. TO
MOTION FOR PRELIMINARY INJUNCTION

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Dated: May 17, 2018

PILLSBURY WINTHROP SHAW
PITTMAN LLP

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/s/ Kirke M. Hasson
Kirke M. Hasson
Attorneys for Amici Curiae,
IMMIGRANT LEGAL RESOURCE
CENTER,
HUMAN RIGHTS WATCH,
& FREEDOM FOR IMMIGRANTS

By:

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

UNOPPOSED MOTION BY ILRC, HRW, & FFI
FOR LEAVE TO FILE AMICI CURIAE BRIEF
IN SUPPORT OF DEFENDANTS’ OPP. TO
MOTION FOR PRELIMINARY INJUNCTION

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CERTIFICATE OF SERVICE

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I hereby certify that on May 17, 2018, I electronically transmitted the

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foregoing unopposed motion, along with the attached proposed order and amicus

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curiae brief of the ILRC, HRW, and FFI, using the United States District Court for

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the Eastern District of California’s Electronic Document Filing System (ECF) and

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that service on all counsel of record will be accomplished via the ECF system.

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Respectfully submitted,

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/s/ Elaine Y. Lee
Elaine Y. Lee, SBN 293452
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: [phone]
Facsimile: 213.629.1033
[e-mail]

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

UNOPPOSED MOTION BY ILRC, HRW, & FFI
FOR LEAVE TO FILE AMICI CURIAE BRIEF
IN SUPPORT OF DEFENDANTS’ OPP. TO
MOTION FOR PRELIMINARY INJUNCTION