1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 SAN FRANCISCO DIVISION 21 || Ilsa Saravia, as next friend for A.H., a Case No. 3:17-cv-03615-VC minor, and on behalf of herself individually 22 || and others similarly situated, Honorable Vince Chhabria 23 Plaintiff, ORDER CERTIFYING THE SETTLEMENT CLASS AND 24 Vv. GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT 25 || William Barr, Attorney General, et al., 26 Defendants. 27 28 ORDER CERTIFYING SETTLEMENT 1 CLASSES AND GRANTING FINAL APPROVAL

1 Upon consideration of the Plaintiff’s Motion for Final Approval of Class Action Settlement 2 and Certification of Settlement Class; 3 WHEREAS, the named Plaintiff alleges that she on behalf of minor A.H. and members of 4 the Settlement Class were injured as a result of Defendants’ actions; ° WHEREAS, the Court issued a class-wide preliminary injunction for a provisionally ° certified class of Sponsored UCs requiring that the Government establish changed circumstances or ’ dangerousness at a Saravia Hearing to justify the Sponsored UC’s rearrest and to support continued detention, Saravia v. Sessions,

(N.D. Cal. 2017), affirmed 905 F.3d ° 1137 (9th Cir. 2018); 10 i WHEREAS, the parties executed a finalized settlement agreement between the parties on

0 September 15, 2020 (“Settlement”); 13 WHEREAS, on October 16, 2020, the Court granted preliminary approval of the Settlement, 14 approved the proposed notice plan, and provisionally certified the Settlement Class; and 15 WHEREAS, the Court has considered the Agreement, arguments presented at the fairness 16 hearing held on January 14, 2021, and all other submissions in connection with the parties’ request 17 for final approval of the Agreement and certification of the Settlement Class set forth in the 18 Settlement for the purposes of settlement only, and good cause appearing therefor; 19 IT IS HEREBY ORDERED THAT: 20 1. The Motion is GRANTED. 21 Final Approval of the Settlement 22 2. The form and method by which notice was given to the Settlement Class met the 23 requirements of due process, Rules 23(c)(2) and 23(e) of the Federal Rules of Civil Procedure, 24 constituted the best notice practicable under the circumstances, and constituted due and sufficient 25 notice to all persons entitled thereto. 26 3, The Court finds that: (a) the Settlement is fair, reasonable, and adequate in 27 accordance with Fed. R. Civ. P. 23(e)(2); (b) the Settlement was negotiated at arm’s length by 28 ORDER CERTIFYING SETTLEMENT 5 CLASSES AND GRANTING FINAL APPROVAL

1 experienced counsel acting in good faith; and (c) there has been adequate opportunity for 2 experienced counsel to evaluate the claims and risks at this stage of the litigation. 3 4. The Court therefore finds that final approval is appropriate and hereby grants final 4 approval of the Settlement. The parties are directed to consummate the Agreement according to its 5 terms. The Agreement and every term thereof shall be deemed incorporated herein as if explicitly 6 set forth and shall have the full force of an Order of the Court. 7 Certification of the Settlement Class, Appointment of Settlement Class, Representative, and 8 || Appointment of Lead Counsel 9 5. The Settlement Agreement is hereby incorporated by reference in this Order, and all 10 terms or phrases used in this Order shall have the same meaning as in the Settlement Agreement 1] 6. For purposes of the Settlement, and only for that purpose, and without an 12 adjudication on the merits, pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil 13 Procedure, the Court finds that the requirements for a class action are met, and hereby defines the 14 || following class. 1S 7. Pursuant to Fed. R. Civ. P. 23(a) and (b)(2), and (e), the Court certifies, for 16 settlement purposes only, the following Settlement Class comprised of Unaccompanied minors 7 who were detailed by the Government, released by the Office of Refugee Resettlement (“ORR”) 18 to a parent or sponsor (“Sponsored UCs’”), and subsequently rearrested and detained by the 19 Government on allegations of gang affiliation: “0 a. [A]ll noncitizen minors meeting the following criteria: (1) the noncitizen minor came to the United States as an unaccompanied minor; (2) the 22 noncitizen minor was previously detained in ORR custody and then released by ORR to a sponsor; and (3) the noncitizen minor has been or will be rearrested by the Department of Homeland Security on the basis of a * removability warrant based in whole or in part on allegations of gang affiliation. This class expressly excludes arrests of noncitizen minors who already are subject to final orders of removal 28 ORDER CERTIFYING SETTLEMENT 2 CLASSES AND GRANTING FINAL APPROVAL

1 || The Settlement then includes a sub-class specific to Claim 4 (the “Claim 4 Benefits Subclass”), 2 || which is defined as follows: 3 b. [This class includes] all Settlement Class Members who also applied for 4 asylum, Special Immigrant Juvenile (“SIJ”) status, T or U nonimmigrant 5 status, or a waiver of inadmissibility or application for adjustment of status 6 that is related to such an application for asylum, SIJ status or T or U 7 nonimmigrant status, before the age of 21, and had or will have an 8 application for asylum, SIJ status, T or U nonimmigrant status, or a waiver ? of inadmissibility or adjustment of status that is related to such an 10 application denied by U.S. Citizenship and Immigration Services when any information that the noncitizen is or may have been affiliated with a gang 12 is a basis for the denial. 13 The Settlement Class is certified for settlement purposes. 8. The Court finds that certification of the Settlement Class is warranted in light of

16 the Settlement under the prerequisites of Federal Rule of Civil Procedure 23(a) because: (1) the

7 members of the Settlement Class are so numerous that joinder is impracticable; (2) there are issues

18 of law and fact common to the Settlement Class; (3) the claims of the named Plaintiff Saravia on

19 behalf of Minor A.H. are typical of the claims of the Settlement Class Members; and (4) □□□□□□□□□□□

20 and Class Counsel will fairly and adequately represent the interests of the Settlement Class

> Members. 1 9. The Court also finds that certification of the Settlement Class is warranted in light 3 of the Settlement under the requirements of Federal Rule of Civil Procedure 23(b)(2) because 24 Defendants are alleged to have acted or refused to act on grounds that apply generally to the 25 Settlement Class, so that final injunctive relief or corresponding declaratory relief is appropriate 26 respecting the Settlement Class as a whole. 7 10. The Court appoints as class representatives, for settlement purposes only, Plaintiff 28 Ilsa Saravia. The Court finds, for settlement purposes only, that Plaintiff will adequately represent ORDER CERTIFYING SETTLEMENT A CLASSES AND GRANTING FINAL APPROVAL

1 the Settlement Class. 2 11. Pursuant to Federal Rule of Civil Procedure 23(g), and for settlement purposes only, 3 the Court designates as Class Counsel the law firm of Cooley LLP. The Court finds that, based on 4 the work Class Counsel have done identifying, investigating, and prosecuting the claims in this 5 action; Class Counsel’s experience in handling class actions and claims of this type asserted in this 6 Action; Class Counsel’s knowledge of the applicable law; and the resources Class Counsel have 7 and will commit to representing the class, that Class Counsel have represented and will represent 8 the interests of the Settlement Class fairly and adequately. 9 || Other Provisions 10 12. Neither the Settlement, nor any of its terms or provisions, nor any of the negotiations 11 or proceedings in connection with it, shall be construed as an admission or concession by 12 Defendants of the truth of any allegations in the litigation, or of any fault or wrongdoing of any 13 kind, or of a lack of merit of Plaintiffs allegations. 14 15 IT IS SO ORDERED. 16 17 Date: January 19, 2021 18 19 The Honorable Vince Chhabria 20 United States District Judge 21 22 23 24 25 26 27 28 ORDER CERTIFYING SETTLEMENT 5 CLASSES AND GRANTING FINAL APPROVAL