Yang You Yi v. Reno

157 F.R.D. 625, 1994 U.S. Dist. LEXIS 14907
District Court, M.D. Pennsylvania·Decided October 17, 1994·No. Civ. A. No. 1:CV-93-1702·Published·Cited by 7 cases

Opinion

MEMORANDUM

RAMBO, Chief Judge.

Before the court is Respondents’ motion for a protective order limiting the scope of discovery depositions. Briefs have been filed on relevant issues and the motion is ripe for disposition.

Background1

The instant action arises out of the detention and attempted exclusion by the Immigration and Naturalization Service (“INS”) of certain citizens of the People’s Republic of China (“PRC”). The aliens at issue were among those arrested and detained after the [630]*630grounding of the Golden Venture in New York Harbor in June 1993.

When the Golden Venture ran aground, several hundred aliens being smuggled into the United States jumped overboard in an attempt to reach land. Several drowned and nearly three hundred were arrested and detained by the INS. Approximately 145 of those individuals subsequently were transferred to the York County Prison, a facility located in the Middle District of Pennsylvania. Many of the detainees, including the individual Petitioners in this action, filed claims for asylum. At the prison, exclusion proceedings under 8 U.S.C. § 1226(a) were instituted against the detainees. Ultimately, immigration judges heard and rejected the asylum claims of the instant Petitioners. Petitioners appealed to the Board of Immigration Appeals (“BIA”) and, after the BIA dismissed their appeals, filed the present habe-as actions.

On November 15, 1993, this court ordered the consolidation of the individual actions because the individual petitions appeared to present substantially similar claims. All related claims now are proceeding under the captioned case and later-filed petitions have been included in the interim relief provided by this court.

A discovery dispute developed when Petitioners submitted requests for discovery on counsel for the government. Petitioners’ request for discovery was premised on their belief that the court must conduct a de novo review of Petitioner’ asylum claims. The government opposed discovery, asserting that the court is limited to a review of the administrative record in Petitioners’ cases.

On December 7, 1993, this court issued an order granting Petitioners leave to take limited discovery from the government regarding potential political interference and/or bias by the Clinton Administration in the asylum proceedings pertinent to this case. The three motions before the court arise from conflicts over what is required under that discovery order.

Discussion

I. Respondents’ Motion for a Protective Order Limiting the Scope of Discovery Depositions

Petitioners and the government agree that Petitioners shall be permitted to depose Mr. Eric Schwartz (“Schwartz”) of the National Security Council (“NSC”) staff and Mr. Grover Joseph Rees (“Rees”), former General Counsel of the Immigration and Naturalization Service (“INS”). Petitioners wish to question these prospective deponents about such matters as their knowledge of the following: (1) alleged ex parte contacts, and motive for such contacts, between the Clinton Administration and the Executive Office for Immigration Review (“EOIR”); (2) the function and content of meetings of the Boarder Security Working Group (“BSWG”) as they pertain to the Golden Venture hearings; (3) changes in executive policy under the Clinton Administration toward Chinese aliens seeking asylum; (4) executive decisions to treat the Golden Venture cases differently from those of other asylum applicants; (5) White House involvement in attempting to deter Chinese alien smuggling by the manner in which the Golden Venture and other Chinese smuggled alien asylum hearings were handled; and (6) the inter-relationship of EOIR, INS and the Department of Justice (“DOJ”) in connection with the Chinese asylum hearings.2 The government does not object to Petitioners taking these two depositions, but argues that they should be restricted to inquiring

as to whether the government adopted any policy or its officials issued any instructions or directions intended to limit the independence of immigration judges and members of the Board of Immigration Appeals in their disposition or adjudication of the administrative exclusion and asylum proceedings pertaining to the Golden Venture passengers detained in York County.

(Respondents’ memorandum in support of motion for protective order limiting the scope [631]*631of discovery depositions, hereinafter “Respondent’s motion to limit depositions”, p. 3). The government offers two arguments in favor of this limitation. First, it contends that prior discovery shows that information which could be obtained through a broader scope of inquiry than it is calling for is irrelevant to the issues in this case. This argument is predicated on the claim that information disclosed in discovery thus far reflects no interference by the Clinton Administration with the adjudication of the Golden Venture proceedings and, on the contrary, refutes Petitioners’ allegation of such interference. Petitioners reply that prior discovery has yielded support for their allegations of political interference, and has demonstrated that there remain relevant issues beyond the narrow scope of inquiry requested by the government.

The government’s second argument is that the state secrets, deliberative process and attorney client privileges require that Petitioners’ inquiry in the depositions be limited so as to prevent general questioning about the substance of discussions which Schwartz and/or Rees participated in or heard during the Boarder Security Working Group, any of its subcommittees or any other governmental meeting. In reply, Petitioners raise the doctrine that under certain circumstances the denial of access to evidence caused by the invocation of the state secrets privilege requires that persons held in confinement in connection with the ease be released. Petitioners further respond that the deliberative process and attorney-client privileges are inapplicable to the present action.

A. Relevance of Petitioner’s Request

Federal Rule of Civil Procedure 26(b)(1) permits discovery regarding any matter “which is relevant to the subject matter involved in the pending action,” if it would be admissible evidence or “appears reasonably calculated to lead to the discovery of admissible evidence.” In its interpretation of this and other Federal Rules of Civil Procedure governing discovery, the Supreme Court has repeatedly held that such rules “are to be accorded a broad and liberal treatment to effect their pux’pose of adequately informing the litigants in civil trials.” Herbert v. Lando, 441 U.S. 153, 177, 99 S.Ct. 1635, 1649, 60 L.Ed.2d 115 (1979); Schlagen-haufv. Holder, 379 U.S. 104,114-15, 85 S.Ct. 234, 241, 13 L.Ed.2d 152 (1964); Hickman v. Taylor, 329 U.S. 495, 501, 507, 67 S.Ct. 385, 388-89, 391-92, 91 L.Ed. 451 (1947).

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Yang You Yi v. Reno, 157 F.R.D. 625, 1994 U.S. Dist. LEXIS 14907 (M.D. Pa. 1994).

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