Case 2:85-cv-04544-DMG-AGR Document 850 Filed 07/15/20 Page 1 of 4 Page ID #:39078

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ETHAN P. DAVIS
Acting Assistant Attorney General
Civil Division
AUGUST E. FLENTJE
Special Counsel
WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
WILLIAM C. SILVIS
Assistant Director, District Court Section
Office of Immigration Litigation
SARAH B. FABIAN
NICOLE N. MURLEY
Senior Litigation Counsel
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

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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JENNY LISETTE FLORES; et al.,
Plaintiffs,

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Case No. CV 85-4544-DMG

v.
WILLIAM P. BARR, Attorney
General of the United States; et al.,
Defendants.

STIPULATION TO EXTEND
DEADLINE TO COMPLETE
COMPLIANCE WITH
PARAGRAPH 1 OF THE
COURT’S JUNE 26, 2020 ORDER
Hearing: None set
[HON. DOLLY M. GEE]

 Case 2:85-cv-04544-DMG-AGR Document 850 Filed 07/15/20 Page 2 of 4 Page ID #:39079

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The parties, by and through undersigned counsel, hereby stipulate to extend

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by ten days, until July 27, 2020, the deadline for Defendants to complete compliance
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with Paragraph 1 of the Court’s June 2, 2020 Order, ECF No. 833 (“Order”). That

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Paragraph sets a deadline by which U.S. Immigration and Customs Enforcement

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(“ICE”) must:
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transfer Class Members who have resided at the FRCs for more than 20
days to non-congregate settings through one of two means: (1) releasing
minors to available suitable sponsors or other available COVID-free
non-congregate settings with the consent of their adult
guardians/parents; or (2) releasing the minors with their
guardians/parents if ICE exercises its discretion to release the adults or
another Court finds that the conditions at these facilities warrant the
transfer of the adults to non-congregate settings.

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Order, ¶ 1.
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Paragraph 6 of the Order requires that the parties meet and confer regarding

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the adoption and implementation of proper written advisals and other protocols to

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inform detained guardians/parents about minors’ rights under the FSA and obtain
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information regarding, and procedures for placement with, available and suitable

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sponsors. 1

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Footnote 5 of Paragraph 6 further states: “To provide further guidance to the
parties, the Court clarifies that any ‘waiver’ should be only as narrow as the issue
being waived. For example, a parent/guardian may waive a Class Member’s Flores
right to release ‘without unnecessary delay’ to an available suitable custodian in the
order of preference listed in Paragraph 14, if that parent/guardian does not prefer for
the Class Member to be released to that custodian, without waiving any of the Class
Member’s other Flores rights. See FSA at ¶ 14 [Doc. # 101]. On the other hand, the

 Case 2:85-cv-04544-DMG-AGR Document 850 Filed 07/15/20 Page 3 of 4 Page ID #:39080

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The parties are diligently engaging in discussions to comply with Paragraph
6 of the Order. 2 The parties currently aim to provide documents for the Court’s

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review and approval and, if necessary, resolution of any issues, no later than July 20,

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2020. Accordingly, the parties jointly request that the Court extend the deadline for

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Defendants to complete compliance with Paragraph 1 of the Order to and including
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July 27, 2020.
Respectfully submitted,

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Dated: June 15, 2020

/s/Peter Schey (with permission)
Peter A. Schey
CENTER FOR HUMAN RIGHTS &
CONSTITUTIONAL LAW

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Class Counsel for Plaintiffs
/s/ Sarah Fabian
Sarah B. Fabian
Senior Litigation Counsel
U.S. DEPARTMENT OF JUSTICE
Office of Immigration Litigation
District Court Section

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Counsel for Defendants

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guardian/parent of a Class Member who simply has no available suitable custodian
need not sign any waiver at all.”
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Defendants do not concede that these processes are required by the Flores
Settlement Agreement, nor do Defendants waive any right to appeal the Order by
making this request.

 Case 2:85-cv-04544-DMG-AGR Document 850 Filed 07/15/20 Page 4 of 4 Page ID #:39081

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CERTIFICATE OF SERVICE

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I hereby certify that on June 15, 2020, I served the foregoing pleading 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
Attorney for Defendants