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Fa'afouina Afato, et al v. Hillary Clinton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 3, 2011

FA'AFOUINA AFATO, ET AL., PLAINTIFFS,
v.
HILLARY CLINTON, ET AL.,
DEFENDANTS.

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).

20111003

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