IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOSE JIMENEZ MORENO and MARIA JOSE LOPEZ, on behalf of themselves and all others similarly situated, vs. Plaintiffs, JANET NAPOLITANO, et al., in their official capacities, Defendants. No. 1:11-cv-05452 Judge John Z. Lee PLAINTIFFS FIRST SET OF REQUESTS FOR THE PRODUCTION OF DOCUMENTS AND THINGS Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiffs Jose Jimenez Moreno and Maria Jose Lopez, by and through their attorneys, propound the following Requests for the Production of Documents and Things (individually, a Request, and collectively the Requests, to Defendants Janet Napolitano, John Morton, David Palmatier, and Ricardo Wong in their official capacities. Per the agreement of the parties and the Court s instructions on January 8, 2013, Defendants shall have sixty (60 days from the service of these Requests to respond. In accordance with Rule 26(e of the Federal Rules of Civil Procedure, these Requests shall be deemed to be continuing if Defendants discover further documents or things responsive hereto, Defendants should promptly produce such documents or things to Plaintiffs. DEFINITIONS AND INSTRUCTIONS 1. Plaintiffs incorporate by reference the applicable Definitions and Instructions from Plaintiffs First Set of Interrogatories to Defendants. 1
2. Plaintiffs incorporate by reference the Definitions and Instructions from Plaintiffs First Set of Requests for Admission to Defendants. 3. Plaintiff(s shall refer to Jose Jimenez Moreno and Maria Jose Lopez, and all other similarly situated individuals who may be members of the class as defined in Plaintiffs Motion for Class Certification (Dkt. No. 5. This definition shall also include Intervenors Sergey Mayorov and Nicholas Taylor-Jones if the Court grants their pending Motion to Intervene (Dkt. No. 25. 4. Defendant(s shall refer to Janet Napolitano, John Morton, David C. Palmatier, and Ricardo Wong, acting in their official capacities, and includes, but is not limited to, any predecessors or successors, and any agents, attorneys, representatives, employees, and/or other persons acting on their behalf. 5. ICE shall mean U.S. Immigration and Customs Enforcement and includes, but is not limited to, any predecessor or successor agencies, and any divisions, departments, affiliates, agents, attorneys, representatives, employees, and/or other persons acting on its behalf. 6. DHS shall mean the U.S. Department of Homeland Security and includes, but is not limited to, any predecessor or successor agencies, and any divisions, departments, affiliates, agents, attorneys, representatives, employees, and/or other persons acting on its behalf. 7. Detainer(s shall mean DHS Form I-247, currently entitled Immigration Detainer Notice of Action. Except as specified in an individual Request, this Definition shall include the current version of the Detainer as well as any prior versions or subsequent revisions. 8. Chicago AOR shall mean the ICE Chicago Field Office, including but not limited to any sub-offices and the ICE Detention Enforcement and Processing Offenders by Remote Technology (DEPORT Center. 2
9. 48-hour detention period(s shall mean the period an individual is detained pursuant to a Detainer and 8 C.F.R. 287.7. 10. Person or persons shall mean an individual, corporation, proprietorship, partnership, association, or any other entity. 11. The term document shall have the broadest meaning possible under the Federal Rules of Civil Procedure and shall include, but not be limited to, the original (or a copy when the original is not available and each non-identical copy (including those which are non-identical by reason of translations, notations, or markings or any and all other written, printed, typed, punched, taped, filmed, or graphic matter or recorded or tangible thing, or whatever description, however produced or reproduced (including computer-stored or generated data, together with instructions or programs necessary to search and retrieve such data and hard copies where available and retrievable, and shall include all attachments to and enclosures with any requested item, to which they are attached or with which they are enclosed, and each draft thereof. The term document shall specifically include all recorded or retrievable electronic data or communications such as electronic mail (e-mail and the like and all translations thereof. 12. The term thing refers to any tangible object, other than a document, and includes objects of every kind and nature, including, but not limited to, prototypes, models, and specimens. 13. Communication means any oral, written, electronic, or other exchange of words, thoughts, information, or ideas to another person or entity, whether in person, in a group, by telephone, by letter, by Telex, by facsimile, or by any other process, electric, electronic, or otherwise. All such communications in writing shall include, without limitation, printed, typed, handwritten, or other readable documents, correspondence, memoranda, reports, contracts, drafts 3
(both initial and subsequent, computer discs or transmissions, e-mails, instant messages, tape or video recordings, voicemails, diaries, log books, minutes, notes, studies, surveys and forecasts, and any and all copies thereof. 14. The words or, and, all, every, any, each, one or more, including, and similar words of guidance, are intended merely as such, and should not be construed as words of limitation. The words or and and shall include each other whenever possible to expand, not restrict, the scope of the Request. The word including shall not be used to limit any general category or description that precedes it. The words all, every, any, each, and one or more shall include each other whenever possible to expand, not restrict, the scope of the Request. 15. Reference to the singular in any of these Requests shall also include a reference to the plural, and reference to the plural also shall include a reference to the singular. 16. These Requests are intended to elicit as much information as possible concerning the issues, and to the extent any Request could be interpreted in more than one way, you should employ the interpretation of the Request most likely to encompass and elicit the greatest amount of information possible. 17. If Defendants refuse to disclose any of the documents or things requested in any of these Requests on the basis of a privilege or other protection, please so state, and further state the basis of the privilege or other protection claim with sufficient specificity to permit the Court and counsel to evaluate and test the privilege or protection claimed, pursuant to Fed. R. Civ. P. 26(b(5. 4
REQUESTS FOR PRODUCTION REQUEST NO. 1 Produce all documents and things regarding DHS and ICE s policies and procedures related to Detainers in effect at any time between 2010 and the present. REQUEST NO. 2 Produce all documents and things describing DHS and ICE s policies and procedures for investigation, issuance, and cancellation of Detainers in effect at any time between 2010 and the present. REQUEST NO. 3 Produce all documents and things sufficient to show DHS and ICE s policies and procedures related to notifying an individual that a Detainer has been lodged against them that have been in effect at any time between 2010 and the present. REQUEST NO. 4 Produce all documents and things sufficient to show every procedure, process, and/or mechanism by which individuals can challenge the validity of Detainers lodged against them that have been in effect at any time between 2010 and the present. REQUEST NO. 5 Produce a copy of each Detainer form used by DHS and/or ICE between August 2010 and the present, including any drafts. REQUEST NO. 6 Produce all documents and things related to ICE s revision of its Detainer policy and/or the Detainer form in or around December 2012, including any documents describing the reasons for the revision of the policy. 5
REQUEST NO. 7 Produce any documents and things, including internal studies or memoranda, describing the basis for ICE s assertion of authority to issue Detainers based solely on either having [i]nitiated an investigation to determine whether this person is subject to removal from the United States; or having [d]etermined that there is reason to believe the individual is an alien subject to removal from the United States. REQUEST NO. 8 Produce any documents or things Defendants intend to use to support their claims and defenses in this litigation. REQUEST NO. 9 Produce any statistical reports or surveys related to the number of Detainers issued by ICE from 2010 to the present, including any such documents describing with specificity the number of Detainers issued where the only checkbox marked on the top half of each detainer form (labeled The U.S. Department of Homeland Security (DHS has taken the following action related to the person identified above, currently in your custody: is before the statement [i]nitiated an investigation to determine whether this person is subject to removal from the United States; or before the statement [d]etermined that there is reason to believe the individual is an alien subject to removal from the United States and also the checkbox for the 48-hour detention period has been marked. REQUEST NO. 10 Produce all documents and things related to the issuance or cancellation of a Detainer against any of the named Plaintiffs in this litigation. 6
REQUEST NO. 11 Produce all communications related to the issuance or cancellation of a Detainer against any of the named Plaintiffs in this litigation. REQUEST NO. 12 Produce the complete documents related to each of the named Plaintiffs in the possession of DHS and/or ICE, including, but not limited to, each Plaintiff s A-file, documents related to investigation of each Plaintiff s immigration status, and all documents related to each Plaintiff linked to or in DHS electronic databases, including metadata. REQUEST NO. 13 Produce any documents or communications between DHS/ICE and any state or local government or law enforcement entity within the jurisdiction of the Chicago AOR regarding the enforcement of Detainers, including, but not limited to, any documents describing any objection by local government or local law enforcement to holding an individual for an additional 48-hour period pursuant to a Detainer. REQUEST NO. 14 With respect to any Detainer issued after August 10, 2011, from the ICE Chicago AOR based exclusively on DHS having [i]nitiated an investigation to determine whether this person is subject to removal from the United States, or DHS having [d]etermined that there is reason to believe the individual is an alien subject to removal from the United States, produce all Notices to Appear, warrants of arrest, or removal orders issued subsequent to the issuance of the Detainer, but before the 48-hour detention period started. 7
REQUEST NO. 15 Produce all Detainers issued since August 10, 2011, from the ICE Chicago AOR that cancelled a previously-issued Detainer. REQUEST NO. 16 Produce all documents identified in Section B of Defendants Initial Disclosures, served on January 29, 2013. Dated: February 4, 2013 By: /s/ Benjamin P. Carr Linda T. Coberly Raymond C. Perkins Benjamin P. Carr Joel M. Wallace WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL 60601 (312 558-5600 LCoberly@winston.com RPerkins@winston.com BCarr@winston.com JWallace@winston.com Claudia Beatrice Valenzuela Rivas Mark M. Fleming NATIONAL IMMIGRANT JUSTICE CENTER 208 South LaSalle Street, Suite 1818 Chicago, Illinois 60604 Telephone: (312 660-1370 Fax: (312 660-1505 cvalenzuela@heartlandalliance.org mfleming@heartlandalliance.org Attorneys for Plaintiffs 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION JOSE JIMENEZ MORENO and MARIA JOSE LOPEZ, on behalf of themselves and all others similarly situated, vs. Plaintiffs, JANET NAPOLITANO, et al., in their official capacities, Defendants. No. 1:11-cv-05452 Judge John Z. Lee CERTIFICATE OF SERVICE I, Benjamin P. Carr, hereby certify that on the 4th day of February, 2013, I caused a true and correct copy of PLAINTIFFS FIRST SET OF REQUESTS FOR THE PRODUCTION OF DOCUMENTS AND THINGS to be served via electronic and first class mail upon the following: Colin A. Kisor Lana L. Vahab William C. Silvis U.S. DPT. OF JUSTICE, CIVIL DIVISION OFFICE OF IMMIGRATION LITIGATION, DISTRICT COURT SECTION P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 colin.kisor@usdoj.gov lana.vahab@usdoj.gov william.silvis@usdoj.gov February 4, 2013 Craig Arthur Oswald UNITED STATES ATTORNEY S OFFICE NORTHERN DISTRICT OF ILLINOIS 219 South Dearborn Street, Suite 500 Chicago, Illinois 60604 craig.oswald@usdoj.gov /s/ Benjamin P. Carr 9 CHI:2715954.4