(HC) A.E. v. Andrews

• Court: District Court, E.D. California
• Decided: March 19, 2025
• Docket: 1:25-cv-00107
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 A.E., Case No.: 1:25-cv-00107-KES-SKO (HC) 12 Petitioner, ORDER GRANTING PETITIONER’S REQUEST TO PROCEED UNDER INITIALS 13 v. [Doc. 7] 14 TONYA ANDREWS, Facility Administrator, et al., 15 Respondents. 16

17 Petitioner is an immigration detainee proceeding with counsel with a petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. Pending before the Court is Petitioner’s February 5, 19 2025, motion to proceed under initials. (Doc. 7.) 20 The Ninth Circuit has held that “a party may preserve his or her anonymity in judicial 21 proceedings in special circumstances when the party's need for anonymity outweighs prejudice to 22 the opposing party and the public's interest in knowing the party's identity.” Does I thru XXIII v. 23 Advanced Textile Corp., 214 F.3d 1058, 1068 (9th Cir. 2000). In determining the need for 24 anonymity, the Court must evaluate the following factors: 1) the severity of the threatened harm; 25 (2) the reasonableness of the anonymous party’s fears; (3) the anonymous party’s vulnerability to 26 such retaliation; (4) the precise prejudice at each stage of the proceedings to the opposing party 27 and whether proceedings may be structured so as to mitigate that prejudice; and (5) whether the 28 1 public’s interest in the case would be best served by requiring that the litigant reveals his or her 2 identity. Id. at 1068-69. 3 Petitioner is a Russian national who has applied for protection under the Convention 4 Against Torture. He fears political persecution and retaliation from the Russian government and 5 its agents on account of his political views and opposition to Russia’s invasion of Ukraine should 6 his identity be revealed. He further fears retaliation against his family members and friends who 7 are currently living in Russia. The current lawsuit would reveal Petitioner’s identity, age, current 8 location and future county of residence within the United States. Petitioner’s fears are credible 9 and satisfy the first three factors. Further, the Court does not find Respondent will be prejudiced 10 should Petitioner proceed using initials. As Petitioner notes, Respondent has been informed of 11 Petitioner’s identity. The Court finds Petitioner’s need for anonymity outweighs the public’s 12 interest in knowing his identity. 13 For the foregoing reasons, Petitioner’s motion to proceed under initials is GRANTED. 14 IT IS SO ORDERED. 15

16 Dated: March 19, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 17

18 19 20 21 22 23 24 25 26 27 28