L.K. v. United States Citizenship and Immigration Services

Background

L.K. filed a motion to proceed anonymously. The court initially deferred ruling because, although it found his fears reasonable, it could not yet determine whether anonymous litigation would prejudice the defendants or conflict with the public interest in disclosure. The court allowed L.K. to submit evidence about whether the defendants already knew his identity and to provide documentation identifying him to the court.

L.K. then filed an amended motion. His counsel submitted a declaration attaching a letter sent with service of the summons and complaint that disclosed L.K.’s full name and alien number to the defendants. The declaration also attached a receipt notice from United States Citizenship and Immigration Services concerning L.K.’s asylum application. L.K. separately filed an administrative motion to seal specified material, including Exhibit 2 as described in the opinion.

Court’s Analysis

Applying the Ninth Circuit’s balancing test for anonymous litigation, the court concluded that L.K.’s need for anonymity outweighed potential prejudice to the defendants and the public’s interest in his identity.

The court relied on the stated risk to L.K.’s safety as a member of the Kurdish minority if public disclosure of his asylum application became known and he were forced to return to Turkey. The court also considered the asserted risk to L.K.’s family members in Turkey, who might be targeted because of their connection to him.

The court found that the defendants would not be prejudiced because L.K. had already disclosed his full name and alien number to them when serving the summons and complaint. The court concluded that the defendants therefore had the information needed to access L.K.’s immigration case file and prepare their defense. The court also noted that federal regulations generally prohibit disclosure of information in asylum applications without the applicants’ consent and that United States Citizenship and Immigration Services materials recognized risks to asylum applicants and their families from public disclosure.

Finally, the court found that the public’s interest in L.K.’s identity was low and that anonymous litigation would still provide public access to the legal issues and the court’s resolution of them.

Disposition

The court granted L.K.’s original motion, amended motion, and motion to seal. L.K. may proceed using the initials “L.K.” Future party filings and court orders must refer to him only as “Plaintiff,” “L.K.,” or another reference that avoids using his name. Documents filed on the docket that contain his name must have those references redacted. The defendants may later move for reconsideration if, after appearing, they have evidence of prejudice for the court to consider.

Judge J. CIRNEROS issued the order. The order addressed anonymity and sealing; it did not decide the underlying asylum-related dispute.