De Abadia-Peixoto et al v. United States Department of Homeland Security et al

Filing 122

Second Discovery Order RE In Camera Review. Signed by Judge Kandis A. Westmore on 2/1/2013. (kawlc1, COURT STAFF) (Filed on 2/1/2013)

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United States District Court
Northern District of California

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UELIAN DE ABADIA-PEIXOTO, et al.,

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Plaintiffs,

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Case No.: CV 11-04001 RS (KAW)
SECOND ORDER RE IN CAMERA
REVIEW

v.
U.S. DEPARTMENT OF HOMELAND
SECURITY, et al.,

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Defendants.

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United States District Court
Northern District of California

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Defendant U.S. Department of Homeland Security submitted some additional information

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requested in the Court’s January 7, 2013 order pertaining to the in camera review. (Dkt. No. 116.)

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The Government, however, failed to provide the date and time the August 2011 policy was first

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finalized, as requested in the Court’s order.

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The documents produced suggested that there was a restraints policy for asylum seekers

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that would be finalized on or about August 8, 2011. The Government only produced an email to

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Field Office Directors and Deputy Field Office Directors dated October 19, 2011 at 5:09 p.m.

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The policy was finalized before notification of the policy was sent via e-mail, so the Government

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is ORDERED to comply with the January 7, 2013 order to provide the date and time the August

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2011 policy was finalized through the submission of a sworn declaration.
As to the Government’s reluctance to produce Document No. 18314, the Court recognizes

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that this document is almost identical to Document No. 18318, which was determined to be

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subject to deliberative process privilege. The content sought to be protected could be interpreted

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as addressing either the unfinalized policy regarding restraints for asylum seekers, which is

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privileged, or the UNHCR Letter, which is not. Since the Government has already produced the

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Government’s letter to UNHCR referenced in Document Nos. 18314 and 18318, the Court will

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not require the production of Document No. 18314 at this time.

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The Government shall comply with this order by February 8, 2013. Failure to comply
may result in Document Nos. 18320 and 18345 being ordered produced without redaction.
IT IS SO ORDERED.
DATE: February 1, 2013

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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