M.K. v. Arteta, et al.

B | l B Brookiyn DefenderSarvices —Tel (718) 254-0700 FOO « yn (2) 177 Livingston St, 7% Fl Fax (748) 254-0897 Defenders Brooklyn, NY 14201 [email protected] December 3, 2025 cane tment By ECF Fuspc SDNY The Honorable Lewis A. Kaplan Sed AQENT Daniel Patrick Moynihan ene PILED United States Courthouse LELECIH OVX ICALLY FILED □ Pearl Street OC # ST Re: □□□ v, Arteta, et al,, No. 25-cv-9918 (LAK) ee Dear Judge Kaplan: [represent Petitioner M.K. (“Petitioner” or “Mr, K”) in the above-captioned proceeding.

On November 26, 2025, Mr. K filed the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF No. 1) (“Petition”) and the Motion for Leave to Proceed Under Pseudonym (ECF No. 3) (“Motion”), On December 1, 2025, Petitioner served the Petition and Motion on Respondents and the U.S, Attorneys’ Office for the Southern District of New York. See Certificate of Service (ECF No. 5). On November 29, 2025, Petitioner’s counsel provided copies of the Petition and Motion to Brandon Waterman, Assistant U.S, Attorney, Civil Division, for the Southern District of New York via email, see id., and provided Mr. Waterman with Petitioner’s full name and A-number.

Pursuant to instructions from your Chambers provided via telephone on December 2, 2025, Petitioner respectfully moves to file a letter containing his full name (“Letter Providing Name”) under seal pending the Court’s adjudication of the Motion. Petitioner requests that access to the Letter Providing Name be limited to Selected Parties access for Petitioner’s counsel, Respondents’ counsel, and the Court only, Petitioner wil! hand deliver this letter motion to seal and the unredacted Letter Providing Name to the Court today and send the same to Brandon Waterman, Assistant U.S. Attorney, Civil Division, for the Southern District of New York via U.S. mail and email today. “{I]t is well established that the public and the press have a ‘qualified First Amendment right to attend judicial proceedings and to access certain judicial documents.’” Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (quoting Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 91 (2d Cir. 2004)), Notwithstanding the presumption of public access, “[djocuments may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest.” Jc. (quoting In re New York Times Co., 828 F.2d 110, 116 (2d Cir, 1987)).

DEFEND « ADVOCATE « CHANGE Brooklyn © Defenders For the reasons stated in the Motion, Petitioner’s privacy rights to the highly sensitive and personal information contained in his Petition and supporting documents, in addition to further information about Petitioner that may be disclosed in this fitigation, outweighs the public interest in having access to the Letter Providing Name and Petitioner’s name pending the Court’s adjudication of the Motion. The Petition includes details about Mr. K’s application for asylum based on his fear of persecution in Uzbekistan. See Motion at 4-5. Disclosure of his name and his application for asylum would increase the risk of violence or death if Mr, K is removed to Uzbekistan, See id. at 5. Additionally, the Petition also includes highly sensitive and personal information about Mr. K’s mental health and trauma history. See id. at 2. Sealing Mr. K’s name and identity pending this Court’s ruling on the Motion preserves his privacy interests and does not harm the public interest. See id. at 6-7. Moreover, permitting Petitioner to file the Letter Providing Name under seal pending the Court’s adjudication of the Motion is narrowly tailored to disclose Petitioner’s name to the Court and Respondents while the Court reviews the pending Motion and preserve Petitioner’s privacy in the interim.

For the foregoing reasons, Petitioner respectfully moves to file the Letter Providing Name under seal. I thank the Court for its attention to this matter.

Sincerely, /s/ Anna_K. Jessurun Lucas Marquez Anna K. Jessurun Brooklyn Defender Services Livingston Street, 7th Floor Brooklyn, NY 11201 [email protected] CC: Brandon Waterman, Assistant U.S, Attorney, Civil Division, for the Southern District of New York (via U.S. mail and email) ORDERE pea LANY 4| x% pws A KAP DEFEND » ADVOCATE « CHANGE