Case 2:85-cv-04544-DMG-AGR Document 485 Filed 09/04/18 Page 1 of 4 Page ID #:24703

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CHAD A. READLER
Acting Assistant Attorney General
WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
COLIN A. KISOR
Deputy Director, District Court Section
Office of Immigration Litigation
WILLIAM C. SILVIS
Assistant Director, District Court Section
Office of Immigration Litigation
SARAH B. FABIAN
Senior Litigation Counsel, District Court Section
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: (202) 532-4824
Fax: (202) 305-7000
Email: sarah.b.fabian@usdoj.gov
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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JENNY LISETTE FLORES; et al.,
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Plaintiffs,
v.

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LORETTA E. LYNCH, Attorney
General of the United States; et al.,
Defendants.

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Case No. CV 85-4544
DEFENDANTS’ OPPOSITION TO
PLAINITFFS’ MEMORANDUM RE
CBP FACILITIES SUBJECT TO
MONITORING

 Case 2:85-cv-04544-DMG-AGR Document 485 Filed 09/04/18 Page 2 of 4 Page ID #:24704

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On July 27, 2018, the Court ordered the parties to file recommendations

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regarding the appointment of an independent monitor, ECF No. 469. On August
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24, the parties each filed their proposals for individuals to fill the independent

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monitor position, as well as proposals for the scope of work of the independent

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monitor. Also in accordance with the Court’s order, on August 24, 2018,
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Defendants filed a response to Plaintiffs’ latest set of declarations. In accordance

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with the Court’s June 27, 2017 Order, this response specifically addressed

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Plaintiffs’ declarations from the Rio Grande Valley Border Patrol Sector. Finally,

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on that same day but not required or requested by this Court’s order, Plaintiffs

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further filed a Memorandum Re CBP Facilities Subject to Monitoring

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(“Memorandum”), asking this Court to expand the scope of review of the

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independent monitor to include additional U.S. Customs and Border Protection
facilities outside of the Rio Grande Valley.
Defendants hereby object to and oppose Plaintiffs’ Memorandum, and ask

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the Court to deny Plaintiffs’ requests therein as untimely and inappropriate. Indeed,

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Plaintiffs asked for such an expansion at the July 28, 2018 status conference, and

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this Court denied Plaintiffs’ request. If Plaintiffs wish to seek such relief, they

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should be required to file a motion with this Court, and to establish an entitlement
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to this expanded relief by clear and convincing admissible evidence, and in

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accordance with the Federal Rules of Evidence. See Federal Rules of Evidence
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 Case 2:85-cv-04544-DMG-AGR Document 485 Filed 09/04/18 Page 3 of 4 Page ID #:24705

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1101(b) and (d). Because Plaintiffs seek to avoid all applicable rules of evidence

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and procedure, and ask this Court to impose costly and burdensome relief to which
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they have not established any entitlement, this Court should deny Plaintiffs’

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request.

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DATED:

September 4, 2018

Respectfully submitted,

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CHAD A. READLER
Acting Assistant Attorney General
WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
COLIN A. KISOR
Deputy Director, District Court Section
Office of Immigration Litigation
WILLIAM C. SILVIS
Assistant Director, District Court Section
Office of Immigration Litigation
/s/ Sarah B. Fabian
SARAH B. FABIAN
Senior Litigation Counsel
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: (202) 532-4824
Fax: (202) 305-7000
Email: sarah.b.fabian@usdoj.gov
Attorneys for Defendants

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 Case 2:85-cv-04544-DMG-AGR Document 485 Filed 09/04/18 Page 4 of 4 Page ID #:24706

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CERTIFICATE OF SERVICE

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I hereby certify that on September 4, 2018, I served the foregoing pleading
with attachments on all counsel of record by means of the District Clerk’s
CM/ECF electronic filing system.

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/s/ Sarah B. Fabian
SARAH B. FABIAN
U.S. Department of Justice
District Court Section
Office of Immigration Litigation

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Attorney for Defendants

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