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Order — Defendants' Administrative Motion to File — Under Seal — East Bay Sanctuary Covenant, 4:19-cv-04073-JST (Document 68-2)

Date
2019-09-03

Summary

A [Proposed] Order Granting Defendants' Motion to File Portions of Guidance Documents Under Seal, filed September 3, 2019 as Document 68-2 in East Bay Sanctuary Covenant, et al. v. William Barr, et al., No. 4:19-cv-04073-JST, in the U.S. District Court for the Northern District of California. Its caption block lists attorneys of the U.S. Department of Justice Civil Division, Office of Immigration Litigation. The proposed order would grant the defendants' administrative motion to seal portions of Exhibit A (ECF No. 65-1), an EOIR Ninth Circuit Stay Order message on the Asylum Transit Interim Final Rule Litigation, and Exhibit C (ECF No. 65-3), an ICE broadcast message with updated asylum eligibility guidance. It lists the names, email lines, signature blocks and paragraphs to be sealed, and would direct that redacted versions go on the public docket. The four-page order is unsigned.

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Cite this document

“Order — Defendants' Administrative Motion to File — Under Seal — East Bay Sanctuary Covenant, 4:19-cv-04073-JST (Document 68-2).” Original at archive.org, dated 2019-09-03. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2019-09-03-covid-era-misc/, SHA-256 1d03ccdf04212685811e9b0da5019022a455e6b20f826d105f6f0148d64e1343.

Full text

             Case 4:19-cv-04073-JST Document 68-2 Filed 09/03/19 Page 1 of 4




     JOSEPH H. HUNT
 1
     Assistant Attorney General
 2   WILLIAM C. PEACHEY
     Director
 3   EREZ REUVENI
     Assistant Director
 4
     U.S. Department of Justice
 5   Civil Division
     Office of Immigration Litigation
 6   District Court Section
 7   P.O. Box 868, Ben Franklin Station
     Washington, DC 20044
 8   Tel: (202) 307-4293
     Erez.R.Reuveni@usdoj.gov
 9   PATRICK GLEN
10   Senior Litigation Counsel

11
12
13
                                UNITED STATES DISTRICT COURT
14                        FOR THE NORTHERN DISTRICT OF CALIFORNIA
15
16                                           )   Civil Action No. 4:19cv-4073-JST
      East Bay Sanctuary Covenant, et al.,   )
17                                           )
            Plaintiffs,                      )   [PROPOSED] ORDER
18
                                             )   GRANTING DEFENDANTS’
19                                           )   MOTION TO FILE
                                             )   PORTIONS OF GUIDANCE
20                                           )   DOCUMENTS UNDER SEAL
                                             )
21
      v.                                     )
22                                           )
      William Barr, et al.,                  )
23                                           )
24          Defendants.                      )
                                             )
25
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            Case 4:19-cv-04073-JST Document 68-2 Filed 09/03/19 Page 2 of 4




 1         The Court, having considered Defendants’ Administrative Motion to File portions of
 2   Exhibit A (Executive Office of Immigration Review (“EOIR”)), Ninth Circuit Stay Order -
 3   Asylum Transit Interim Final Rule Litigation (ECF No. 65-1), and Exhibit C (Immigration and
 4   Customs Enforcement (“ICE”)), Broadcast Message: UPDATED GUIDANCE - Asylum
 5   Eligibility and Procedural Modifications IFR (ECF No. 65-3), and good cause appearing
 6   therefore, the Court hereby GRANTS the Motion.
 7         The portions of these documents, as described below, shall be sealed:
 8
 9   Ninth Circuit Stay Order - Asylum       •   Page 1, the name following “From:”
10   Transit Interim Final Rule Litigation   •   Page 1, the line following “cc:”
11                                           •   Page 1, the remainder of the paragraph following
12                                               “OCIJ – please ensure that this guidance is
13                                               distributed ASAP today.”
14                                           •   Page 1, the signature block following “Best regards,”
15                                               until ***Warning***
16                                           •   Page 1, the name following “from:” 5 lines from the
17                                               bottom
18                                           •   Page 1-2, the email addresses in the “To:” and all
19                                               names and email addresses in the “CC:” lines
20                                           •   Page 2, the third sentence of the paragraph beginning
21                                               “I have attached the Federal Register version of the
22                                               rule for your convenience.”
23                                           •   Page 2, the signature block, after “Thank you,” until
24                                               “***warning***…”
25   Broadcast   Message:     UPDATED        •   Page 1, name following “From:”
26   GUIDANCE - Asylum Eligibility           •   Page 1, names following “Disseminated on behalf
27   and Procedural Modifications IFR            of…”
28                                           •   Page 1, everything in paragraph following “For
     Case 4:19-cv-04073-JST Document 68-2 Filed 09/03/19 Page 3 of 4




 1                                Administratively Final Grants of Asylum:”
 2                            •   Page 1-2, everything in paragraph following “For
 3                                Non-Final Grants of Asylum:”
 4                            •   Page 2, the names and titles of in the two paragraphs
 5                                containing “Office of the Principal Legal Advisor
 6                                U.S. Immigration and Customs Enforcement U.S.
 7                                Department of Homeland Security”
 8                            •   Page 2, the name following “From:”
 9                            •   Page 2, the entirety of the “To:” line
10                            •   Page 2, the names following “Disseminated on
11                                behalf of”
12                            •   Page 3, the names and titles of in the two paragraphs
13                                containing “Office of the Principal Legal Advisor
14                                U.S. Immigration and Customs Enforcement U.S.
15                                Department of Homeland Security”
16                            •   Page 3, the name following “From:”
17                            •   Page 3, the entirety of the “To:” line
18                            •   Page 3, the name following “thank you” four lines
19                                from the bottom
20                            •   Page 4, the name and title in the top two lines”
21                            •   Page 4, everything on the remainder of the page after
22                                “Please note that this message may contain sensitive
23                                and/or legally privileged information (attorney work
24                                product, attorney-client communication, deliberative
25                                process, personally identifiable information, law
26                                enforcement sensitive, etc.) and should be handled
27                                accordingly.”
28                            •   Page 5: everything
            Case 4:19-cv-04073-JST Document 68-2 Filed 09/03/19 Page 4 of 4




 1                                           •   Page 6: everything
 2                                           •   Page 7: The first five lines of the page
 3                                           •   Page 7: The names and titles in the paragraphs
 4                                               containing the phrase “Office of the Principal Legal
 5                                               Advisor     U.S.     Immigration      and    Customs
 6                                               Enforcement     U.S.    Department    of    Homeland
 7                                               Security”
 8
 9         The Court orders that the submitted redacted versions of the guidance documents be visible
10   on the public docket, while the unredacted versions shall be filed under seal.
11         IT IS SO ORDERED.
12         Issued this ____ day of _______, 2019.
13                                                                       _______________________

14                                                                        United States District Judge
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File and source

File
gov.uscourts.cand.344869.68.2.pdf
Size
102,824 bytes
SHA-256
1d03ccdf04212685811e9b0da5019022a455e6b20f826d105f6f0148d64e1343
Our copy
gov.uscourts.cand.344869.68.2.pdf
Original
archive.org
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