Nyuwa v. ICE Field Office Director

Filing 18

ORDER denying Petitioner's 17 Emergency Motion to Seal Record signed by Hon. James P. Donohue. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JEREMY A. NYUWA,
Petitioner,

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Case No. C16-859-RAJ
ORDER DENYING EMERGENCY
MOTION TO SEAL RECORD

v.
ICE FIELD OFFICE DIRECTOR,
Respondent.

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In October 2016, this immigration habeas action was dismissed as moot because

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petitioner had been removed to Nigeria. Dkts. 15 & 16. A year later, in October 2017, petitioner

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filed an emergency motion to seal the record in this case because he discovered that an internet

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search of his name returned third-party websites with information about this case, which he fears

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would put him in danger if discovered by individuals in Nigeria. Dkt. 17. Petitioner filed

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essentially the same motion in at least three other cases. Nyuwa v. Lynch, No. 13-74265, Dkt. 57

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(9th Cir. Oct. 17, 2017); Nyuwa v. Lynch, No. 14-70333, Dkt. 53 (9th Cir. Oct. 17, 2017); Nyuwa

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v. Lynch, No. 14-71231, Dkt. 45 (9th Cir. Oct. 17, 2017). The Ninth Circuit has not yet ruled on

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any of these motions.

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ORDER DENYING EMERGENCY
MOTION TO SEAL RECORD - 1

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The motion to seal in this case has been referred to the undersigned. Courts recognize a

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“general right to inspect and copy public records and documents, including judicial records and

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documents,” Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597, n.7 (1978), and “[t]here is a

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strong presumption of public access to the court’s files,” Local Rules W.D. Wash. LCR 5(g); see

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also Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Thus, a party

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seeking to seal an entire case record must provide “compelling reasons” that justify withholding

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the information from the public. Oliner v. Kontrabecki, 745 F.3d 1024, 1026-27 (9th Cir. 2014).

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Even assuming that petitioner has a legitimate fear of retaliation if individuals in Nigeria

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learn of his immigration proceedings in the United States, his motion to seal comes too late—the

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Court cannot claw back information that is available online through third-party websites over

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which the Court has no jurisdiction. The individuals whom petitioner fears will access his

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information in Nigeria cannot do so through the Court’s website because access to the docket is

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restricted to case participants and public terminals in the courthouse. Because the Court cannot

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grant effective relief, petition’s motion to seal, Dkt. 17, is DENIED.1
The Clerk is directed to send copies of this order to the parties and to the Honorable

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Richard A. Jones.

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Dated this 26th day of February, 2018.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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If the Ninth Circuit grants petitioner’s motions to seal in the above-referenced cases, petitioner may file a new
motion to seal in this action.

ORDER DENYING EMERGENCY
MOTION TO SEAL RECORD - 2