IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 3, 2011
FA'AFOUINA AFATO, ET AL., PLAINTIFFS,
HILLARY CLINTON, ET AL.,
ORDER PURSUANT TO 8 U.S.C. § 1202(f) REGARDING STATE DEPARTMENT RECORDS
Currently noticed for hearing before the undersigned on October 5, 2011 is plaintiffs' motion for an order pursuant to 8 U.S.C. § 1202(f) certifying the need for the Department of State administrative record in this action. Dckt. No. 54. After plaintiffs' motion was filed, defendants lodged with the court a copy of plaintiff Fa'Afouina Afato's Alien file (A-file) as maintained by the Department of Homeland Security, United States Citizenship and Immigration Services. Dckt. No. 55. Defendants also filed a statement of non-opposition to plaintiffs' certification request, but asked for additional time to respond to plaintiffs' records request. Dckt. No. 56.
Without deciding whether the State Department's records relating to § 1182(e) waivers are subject to § 1202(f), IT IS HEREBY ORDERED that:
1. Plaintiffs' motion, Dckt. No. 54, is granted, along with defendants' requested extension, Dckt. No. 56;
2. The October 5, 2011 hearing is vacated;
3. The court certifies, pursuant to 8 U.S.C. § 1202(f)(1), that the information contained in the records of the Department of State is needed by the court in the interest of the ends of justice in this matter; and
4. The State Department is directed to file the complete administrative record within 45 days of the date of this order and serve a copy of the certified record on plaintiffs. The administrative record shall include "all documents and materials directly or indirectly considered by agency decision-makers and includes evidence contrary to the agency's position." Thompson v. United States Dep't of Labor, 885 F.2d 551, 555-56 (9th Cir. 1989).
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