Saravia v. Sessions et al

Filing 47

ORDER re Expedited Discovery (vclc3S, COURT STAFF) (Filed on 9/8/2017)

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1 2 3 4 5 6 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA JULIA HARUMI MASS (SBN 189649) WILLIAM S. FREEMAN (SBN 82002) 39 Drumm Street San Francisco, CA 94111 Telephone: (415) 621-2493 Facsimile: (415) 255-8437 Email: COOLEY LLP MARTIN S. SCHENKER (SBN 109828) NATHANIEL R. COOPER (SBN 262098) ASHLEY K. CORKERY (SBN 301380) TREVOR M. KEMPNER (SBN 310853) 101 California Street, 5th Floor San Francisco, CA 94111 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 Email: ACLU FOUNDATION IMMIGRANTS’ RIGHTS PROJECT JUDY RABINOVITZ* 125 Broad Street, 18th Floor New York, NY 10004 Telephone: (212) 549-2660 Facsimile: (212) 549-2654 E-mail: ACLU FOUNDATION IMMIGRANTS’ RIGHTS PROJECT STEPHEN B. KANG (SBN 292280) 39 Drumm Street San Francisco, CA 94111 Telephone: (415) 343-0770 Facsimile: (212) 395-0950 E-mail: 7 8 9 10 11 12 13 14 15 *Pro Hac Vice Forthcoming Attorneys for Petitioners/Plaintiffs, Lorenza Gomez, Ilsa Saravia, and Wilfredo Velasquez, on behalf of themselves individually and others similarly situated. 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 Case No. 3:17-cv-03615-VC Lorenza Gomez, as next friend for J.G., a minor, and on her own behalf, et al., 21 22 23 24 25 26 [PROPOSED] ORDER GRANTING LETTER MOTION FOR EXPEDITED DISCOVERY Petitioners/Plaintiffs, on behalf of themselves individually and others similarly situated, Trial Date: Location: Judge: v. Not Yet Set Courtroom #4 Hon. Vince Chhabria Jefferson B. Sessions, et al., Respondents/Defendants. 27 28 1. [PROPOSED] ORDER RE EXPEDITED DISCOVERY CASE NO. 3:17-CV-03615-VC 1 THIS MATTER came before the Court on September 1, 2017 on the Letter re: Expedited 2 Discovery (“the Letter”), filed jointly by Plaintiffs Gomez et al. and Defendants Sessions et al. on 3 August 28, 2017, and on the Status Report Regarding Expedited Discovery, filed jointly by the 4 parties on August 31, 2017. The Court, having considered the Letter, the Requests for Production of 5 Documents submitted therewith, the Status Report, and oral argument by the parties on September 1, 6 2017, finds that good cause exists to grant Plaintiffs’ request for expedited discovery. Accordingly, 7 IT IS ORDERED that: 8 1. Defendants United States Department of Homeland Security (“DHS”) and United 9 States Department of Health and Human Services (“HHS”) produce all documents relevant to the 10 decisions to arrest, detain, or retain in custody (including any documents relevant to Defendants’ 11 decisions as to location and security level of custody placements of) the three named children, 12 including documents in DHS’s or HHS’s possession that originated with, or reflect communications 13 with, other law enforcement agencies; 14 15 16 2. DHS and HHS produce: a. Any criteria or guidance used to identify any and all unaccompanied alien children (“UCs”) that were targeted for arrest as part of Operation Matador; 17 b. Any policy, procedure or instruction directing ICE or other federal agents to “arrest, 18 among others, teenagers who entered the country without guardians and are 19 suspected gang members,” and to “identify people in their areas that meet the 20 criteria,” as alleged in ¶ 41 of the Plaintiffs’ Amended Petition, Dkt. No. 31; 21 c. Any memoranda instructing ICE field offices to prepare for immigration enforcement 22 actions targeting suspected gang members, as alleged in ¶ 41 of Plaintiffs’ Amended 23 Petition, Dkt. No. 31; 24 d. Documents and communications related to the June 12, 2017 amendment to § 1.2.4 25 of the Office of Refugee Resettlement Guide: “Children Entering the United States 26 Unaccompanied” (“ORR” and “ORR Guide”), which added to the criteria for 27 determining whether to place a UC in secure care whether a UC “Has reported gang 28 involvement or displays gang affiliation while in care” or “Has self-disclosed violent 2. [PROPOSED] ORDER RE EXPEDITED DISCOVERY CASE NO. 3:17-CV-03615-VC 1 criminal history or gang involvement”; 2 e. Documents sufficient to show the identities, dates of arrest, locations of arrest, and 3 locations of subsequent detention of any UCs previously released from HHS custody 4 pursuant to a sponsorship agreement, but who have since been arrested by DHS since 5 April 1, 2017 and transferred to a secure or staff secure facility, as defined in the 6 ORR Guide, under the authority of the San Francisco-based ORR Federal Field 7 Specialist, where an allegation of “gang involvement” or “gang affiliation” has been 8 made as to the UCs; 9 f. Documents sufficient to show any and all revisions to policies, procedures and 10 practices, or any other measures, undertaken since July 5, 2017 by ORR to comply 11 with the Ninth Circuit’s recent decision, Flores, et al. v. Sessions, et al., 862 F.3d 863 12 (9th Cir. Jul. 5, 2017); 13 g. Any policies and procedures used to determine whether a UC in DHS or HHS 14 custody should be placed in a secure facility or staff secure facility, as defined in the 15 ORR Guide. 16 3. DHS and HHS make a good faith effort to locate and turn over these documents at the 17 earliest possible time, and on a rolling basis, with HHS complete case files for the named children 18 produced by September 8, 2017, and a significant portion of the remaining responsive documents 19 produced well before September 18, 2017; 20 4. DHS and HHS may assert any applicable privileges, including but not limited to 21 deliberative process privilege and law enforcement privilege, over responsive documents (or specific 22 portions thereof), and will maintain a privilege log which will be updated and provided to Plaintiffs 23 on a rolling basis; 24 5. In complying with this Order, in lieu of conducting a complete review of all ESI at 25 this time, DHS and HHS shall make a good faith effort to identify key custodians who have 26 documents responsive to the above Requests (including communicating with Plaintiffs regarding the 27 selection of custodians), and shall conduct a good faith review of the e-mails of these custodians to 28 locate responsive documents. 3. [PROPOSED] ORDER RE EXPEDITED DISCOVERY CASE NO. 3:17-CV-03615-VC 1 2 3 4 Dated: September 8, 2017 __________________________________________ The Hon. Vince Chhabria U.S. District Court, Northern District of California 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. [PROPOSED] ORDER RE EXPEDITED DISCOVERY CASE NO. 3:17-CV-03615-VC

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