Cabrera Galdamez v. Joyce

District Court, S.D. New York

Cabrera Galdamez v. Joyce

Trial Court Opinion

Rede?inin Biot =]ce) bli g DY=3ir=)ale as pu Ic LORNA G. SCHOFIEL defense. UNITED STATES DISTRICT JUDGE

Application GRANTED. A three-part inquiry determines whether to seal a Feb 02 document. See Lugosch v. Pyramid Co. of Onondaga,

435 F.3d 110

, 119-20 ebruary 7, 2023 Cir. 2006). For the reasons stated herein, and in the letter filed at Dkt. No. By ECF Court finds that Petitioner's safety and privacy interest overcome the or presumption, if any, of public access to such document. The letter, filed at No. 13, shall remain under seal. The Honorable Lorna G. Schofield United States District Judge By February 17, 2023, Petitioner shall file a letter regarding the status of hi Southern District of New York If the letter includes sensitive information of the nature described herein, t letter shall be filed under seal. 40 Foley Square New York, New York 10007 The Clerk of Court is respectfully directed to maintain the seal on Dkt. No. □ access limited to the parties listed in the appendix. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 12. Re: Cabrera Galdamez v. Joyce et al., 22-cv-09847 (LGS) Dated: February 8, 2023 New York, New York Dear Judge Schofield: I represent Petitioner Mr. William Cabrera Galdamez in the above-referenced matter. We respectfully move the Court to grant leave to file a letter under seal, which contains sensitive information related to his case status, fear-based claims for immigration relief, and personal safety in immigration detention. Counsel for Respondents does not oppose the motion. There is good cause to grant leave to file this letter under seal. Without disclosing details of the information provided in the letter, 1t contains updates regarding his case status that implicate his personal safety in detention and his fear-based claims for relief from removal. Public disclosure of this information could subject him to harm in detention and/or further persecution in the future should he be removed. Immigration regulations also support the view that information related to asylum claims should be protected from public disclosure. See

8 C.F.R. § 208.6

; see also Kharis v. Sessions, No. 18-CV-04800-JST,

2018 WL 5809432

, at *2—3 (N.D. Cal. Nov. 6, 2018). Thank you for your consideration of this submission. Respectfully submitted, /s/ Nhu-Y Ngo Nhu-Y Ngo THE BRONX DEFENDERS 360 East 161st Street Bronx, New York 10451

APPENDIX: All parties and attorneys of record should have access to the sealed letter. We only wish to remove the letter from public view.

Exhibit A Letter from Petitioner’s Counsel (forthcoming under seal)

Reference

Status
Unknown