Case 3:18-cv-00428-DMS-MDD Document 313 Filed 11/08/18 PageID.4795 Page 1 of 6 1 JULIA ROMANO (CA Bar No. 260857) jromano@kslaw.com 2 KING & SPALDING LLP 3 633 West Fifth Street, Suite 1700 Los Angeles, CA 90071 4 Telephone: +1 213 443 4355 Facsimile: +1 213 443 4310 5 Additional counsel listed on signature page 6 Attorneys for Objector MS. EGLA VELASQUEZ MOLINA 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION 8 9 10 11 12 13 14 15 M.M.M., on behalf of his minor child, J.M.A., et al., Plaintiff, v. No. 3:18-cv-01832-DMS JEFFERSON BEAUREGARD SESSIONS, III, Attorney General of the United States, et al., 16 Defendants. 17 No. 3:18-cv-00428-DMS 18 19 MS. L., et al., Plaintiffs, 20 21 22 23 v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (“ICE”), et al., Defendants. 24 CLASS ACTION MS. EGLA VELASQUEZ MOLINA’S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF HER OBJECTION TO THE OCTOBER 9, 2018 SETTLEMENT AGREEMENT 25 26 27 28 Notice of Supplemental Authority In Support of Objection Case No: 18-cv-00428-DMS Case 3:18-cv-00428-DMS-MDD Document 313 Filed 11/08/18 PageID.4796 Page 2 of 6 Pursuant to the Court’s October 9, 2018 Order preliminarily approving the 1 2 class settlement in this action (the “Settlement”), Ms. Egla Velasquez Molina 3 (“Ms. Velasquez Molina”), a citizen of Honduras seeking asylum in the United 4 States and presently detained at the Port Isabel Detention Center (“PIDC”), timely 5 filed an objection to the preliminarily approved class settlement. Objection to the 6 October 5, 2018 Settlement Agreement by Egla Velasquez Molina, Dkt. No. 289 1 7 (“Objection Brief”) . In her Objection Brief Ms. Velasquez Molina – the legal 8 guardian of her 10-year-old biological niece, E.C. – sought clarification that she is 9 included within the definition of the plaintiff class in the Settlement. In furtherance of her requested clarification, Ms. Velasquez Molina 10 11 respectfully submits the attached letter sent by U.S. Immigration and Customs 12 Enforcement (“ICE”) to another legal guardian wrongfully separated from her 13 child. Ms. Marta Mejia is the sole primary caregiver, legal guardian, and 14 biological great-grandmother of E.G.S., a five-year old previously in Office of 15 Refugee Resettlement custody. See Complaint, Marta Alicia Mejia, et al. v. U.S. 16 Immigration and Customs Enforcement, et al., No. 1:18-cv-02096 (D.D.C. Sept. 6, 17 2018), ECF No. 1. Ms. Mejia was separated from E.G.S. on or about June 1, 2018, 18 shortly before Ms. Velasquez Molina was separated from E.C. Id. On October 5, 2018, the same day the Unopposed Motion for the 19 20 Preliminary Approval of Proposed Settlement was filed, the Deputy Field Office 21 Director for the San Antonio Field Office, which is also the Enforcement and 22 Removal Operations Field Office for PIDC, informed Ms. Mejia that her “removal 23 from the United States cannot be completed until the United States District Court, 24 25 1 Ms. Velasquez Molina’s October 23, 2018 objection inadvertently identified the Court’s Order as being issued on October 5, 2018—the date on which the unopposed motion was filed. The Court entered its preliminary order approving 27 the class settlement on October 9, 2018. 28 1 Notice of Supplemental Authority Case No: 18-cv-00428-DMS In Support of Objection 26 Case 3:18-cv-00428-DMS-MDD Document 313 Filed 11/08/18 PageID.4797 Page 3 of 6 1 Southern District of California, has rendered a decision for the judicial stay of 2 removal which designates you as a class member during this ongoing litigation. 3 There is currently a temporary restraining order which prevents the removal of any 4 class member from the United States pending the outcome of the judicial stay of 5 removal.” Status Report and Exhibits, Marta Alicia Mejia, et al. v. U.S. 6 Immigration and Customs Enforcement, et al., No. 1:18-cv-02096 (D.D.C. Nov. 5, 7 2018), ECF Nos. 28, 28-1, 28-2, attached as Exhibit 1. Ms. Mejia has completed 8 and submitted a Settlement Election Form pursuant to the notice procedure 9 implemented by the Court. See id. In the attached letter, Defendants plainly state that Ms. Mejia, who like Ms. 10 11 Velasquez Molina is, a legal guardian of a minor child, is a member of the Ms. L 12 class. By doing so, Defendants implicitly recognize all the arguments in Ms. 13 Velasquez Molina’s Objection Brief that legal guardians of children from whom 14 they were wrongfully separated by Defendants are within the settlement class. Ms. 15 Velasquez Molina agrees with this interpretation of the settlement class, and she 16 should likewise be included in the Ms. L class. 17 /// 18 19 / / / 20 21 22 23 24 25 26 27 28 Notice of Supplemental Authority In Support of Objection 2 Case No: 18-cv-00428-DMS Case 3:18-cv-00428-DMS-MDD Document 313 Filed 11/08/18 PageID.4798 Page 4 of 6 1 DATED: November 8, 2018 KING & SPALDING LLP 2 3 4 5 6 7 By: /s/ Julia Romano __________ Julia Romano KING & SPALDING LLP 633 West Fifth Street, Suite 1700 Los Angeles, CA 90071 Telephone: +1 213 443 4355 Facsimile: +1 213 443 4310 jromano@kslaw.com 8 Joshua C. Toll Wintta M. Woldemariam KING & SPALDING LLP 1700 Pennsylvania Avenue, NW, Suite 200 Washington, DC 20006 Telephone: +1 202 626 0500 Facsimile: +1 202 626 3737 jtoll@kslaw.com wwoldemariam@kslaw.com 9 10 11 12 13 14 Attorneys for Objector Egla Velasquez Molina 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Supplemental Authority In Support of Objection 3 Case No: 18-cv-00428-DMS Case 3:18-cv-00428-DMS-MDD Document 313 Filed 11/08/18 PageID.4799 Page 5 of 6 1 2 CERTIFICATE OF SERVICE I hereby certify that I have this 8th day of November, 2018, served the 3 foregoing via the Court’s CM/ECF on all counsel of record. 4 /s/ Julia Romano Julia Romano KING & SPALDING LLP 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Supplemental Authority In Support of Objection 4 Case No: 18-cv-00428-DMS Case 3:18-cv-00428-DMS-MDD Document 313 Filed 11/08/18 PageID.4800 Page 6 of 6 1 TABLE OF CONTENTS 2 Exhibit 1.................................................................................................................... 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Supplemental Authority In Support of Objection 5 Case No: 18-cv-00428-DMS Case 3:18-cv-00428-DMS-MDD Document 313-1 Filed 11/08/18 PageID.4801 Page 1 of 7 Exhibit 1 Exhibit 1 000006 Case 3:18-cv-00428-DMS-MDD Document 313-1 Filed 11/08/18 PageID.4802 Page 2 of 7 Case 1:18-cv-02096-PLF Document 28 Filed 11/05/18 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARTA ALICIA MEJIA and E.G.S., a minor, Plaintiffs, Case No. 1:18-cv-02096-PLF v. Judge Paul L. Friedman U.S IMMIGRATION AND CUSTOMS ENFORCEMENT (“ICE”), ET AL., Defendants. STATUS REPORT Plaintiffs respectfully submit this status report in connection with their concurrent Notice of Dismissal Without Prejudice. Plaintiffs continue to develop additional documentation in support of Plaintiff Marta Alicia Mejia’s guardianship of E.G.S., and have engaged additional Honduran counsel to assist incountry. However, shortly after this Court ruled on Plaintiffs’ Motion to Change Venue, Defendants clarified Ms. Mejia’s status as a member of the Ms. L class. Specifically, a representative of Defendant ICE met with Ms. Mejia and gave her a letter stating that her “removal from the United States cannot be completed until the United States District Court, Southern District of California, has rendered a decision for the judicial stay of removal which designates [her] as a class member during this ongoing litigation.” A copy of this letter, which is signed by the deputy director of ICE’s San Antonio field office, is attached as Exhibit A. The ICE official also verbally told Ms. Mejia that she would not be deported until “the judge’s decision.” Because Ms. Mejia is entitled to pursue relief in the Southern District of California, Plaintiffs are dismissing their case before this Court. Ms. Mejia has submitted a class election 1 Exhibit 1 000007 Case 3:18-cv-00428-DMS-MDD Document 313-1 Filed 11/08/18 PageID.4803 Page 3 of 7 Case 1:18-cv-02096-PLF Document 28 Filed 11/05/18 Page 2 of 2 form, a copy of which is attached hereto as Exhibit B, to proposed Ms. L class counsel pursuant to the notice procedure approved by Judge Sabraw, and will be seeking relief in the Southern District of California as a Ms. L class member. Dated: November 5, 2018. /s/Timilin Sanders Timilin Sanders, DC Bar No. 989110 Claudia O’Brien, DC Bar No. 447354 Clayton LaForge, DC Bar No. 1033938 LATHAM & WATKINS LLP 555 Eleventh Street, NW Washington DC 20004 (202) 637-2200 timilin.sanders@lw.com Attorneys for Plaintiffs 2 Exhibit 1 000008 Case 3:18-cv-00428-DMS-MDD Document 313-1 Filed 11/08/18 PageID.4804 Page 4 of 7 Case 1:18-cv-02096-PLF Document 28-1 Filed 11/05/18 Page 1 of 2 Exhibit A Case No. 1:18-cv-02096-PLF Exhibit 1 000009 Case 3:18-cv-00428-DMS-MDD Document 313-1 Filed 11/08/18 PageID.4805 Page 5 of 7 Case 1:18-cv-02096-PLF Document 28-1 Filed 11/05/18 Page 2 of 2 MEJIA. Marta c:, o Immigration and Customs Enforcement San Antonio Field Office A ,15 720900 Decision to Continue Detention This letter is to inform you that your custody status has been reviewed and it has been dc1C1T11ined that you wi ll not be released from the custody of U.S. hnm1gration and Customs Enforcement (ICE) at this time. This decision nus been made b~ on a review of your file and/or your personal interview and consideration of any information you submined to ICE's reviewing officials. You arc under a final order of removal; however, your removal from the United States cannot be completed until the United States District Coun, Southern District of California. has rendered a decision for the judicial stay of remo,•al which designates you as a class member during this ongoing litigation. There is currently a temporary restraining order which prevents the removal of any class member from the Unilcd States pending the outcome of the judicial stay of removal The temporary rcsttaining order. in effect. is a judicial stay of removal. ICE expects to cncowitcr no delay in effecting our removal when, orif, the judicial slay of removal does not resolve in your favor. You will emaio in ICE custody pending the next scheduled review of your case. Based on the above, ou are to remain in ICE custody pending your removal from the United S1.11tcs. You are advis d that you must demonstrate that you are making rusonable efforts to comply with the orde of removal and that you are cooperating wi1hlCE's efforts to remove you by taking whatever a tions ICE requests to affect your removal. You are also advi$Cd 1ha, an)' ,jJJful fail ure or rcfu on your part to make timely applica1ion in good faith for uavcl or other umenrs necessary for your departure, or nny conspiracy or ac1ions 10 prcv1m1your removal or cr the issuance f a travel document, may subject you to criminal prosecu1iol\ under & USC J25J(a). e not been r leased or removed from the United States by December \6 1 10\8. of the cus ody decision in your CIISC will b~ transferred to the Hcndquartcrs Pos\ Unir ( Q POCRU), Potomac Center North, 500 I2'h Street SW, Washin~\On, DC CR ,, ill meke a final determination re garding your custody. Da1e wwY. lcc.~ov Case No. 1:18-cv-02096-PLF Exhibit 1 000010 Case 3:18-cv-00428-DMS-MDD Document 313-1 Filed 11/08/18 PageID.4806 Page 6 of 7 Case 1:18-cv-02096-PLF Document 28-2 Filed 11/05/18 Page 1 of 2 Exhibit B Case No. 1:18-cv-02096-PLF Exhibit 1 000011 Case 3:18-cv-00428-DMS-MDD Document 313-1 Filed 11/08/18 PageID.4807 Page 7 of 7 Case 1:18-cv-02096-PLF Document 28-2 Filed 11/05/18 Page 2 of 2 ou ha the right to e rellef Paren or chil~en who wi h to waive th ir rights und r thi Settlement Alll'CCIIIICIII removed to their country of origin have the right to do so by executing the bel form. re~ to y~ur country of origin must be made affmnatively. knowingly and voluntarily. Fi this fonn wtll not be con trued a a waiver of your right under th ettlemeot Agreement he understands. Tm mcmb r mu l indicate which opll n h he i choosmg by signing the appropriate box below. If c member i. a child and lacks capacity or i und rage 14, lhi fonn must be igocd by the child' pan:at legal repre entative. eparatc forms mu l be completed for each family m mber. Complned fon,,s IIUUI 1M !!!!ill!.!!. or emailed to coum,el for tl,e appropriate propo ed cla et forth below. In tructions: Thi fonn must be r ad to th clas member ia a language that h e k relief from removal J under tand that the I am affirmati ely knowingly and voluntarily requesting removal to my country of origin a oon a po sible. I understand lhat I am waiving any right. to remain in the United tatc to pursue Lbc procedure et forth in th settlemcnl. including any right lo apply for a ylum or other protection from remo al. N me (printed): _ __ __ __ _ _ __ Signature: Your Jnformation: Name: Marta AJicia _...__ Me·ia REDACTED Date of Birth: 157 A#: 215720 _____ -=-'--- - - -- -----------------r Country of citizen hip: Honduras D ctcntfo n facility (jf applicable): South Addre : 566 Veterans Dnve. P arsall Telephone number· , I r E.G.S. TX 77433 Attorney ertification: Ir pre ent Marta Alicia Mejia (name) in hi /h r immigration proceedlinl:S. have advi ed him/her and/or his/her parent or legal repr cntative) of hi /her right under the pro action settlement in Spani h (language). Attorney ignatur ~ ~t::.:.--L!...c=~-,.....,,---.---------Attomey name: <'re 11 Date: I \/S/18'." Attorney telephone: ~l~ Attom yaddre : ~ ~~ t.dtfbfJV1-t'{9 =10 Ne, Case No. 1:18-cv-02096-PLF Exhibit 1 000012