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STUART F. DELERY
Acting Assistant Attorney General, Civil Division
AUGUST E. FLENTJE
Acting Deputy Assistant Attorney General
DAVID J. KLINE
Director, Office of Immigration Litigation
JEFFREY S. ROBINS
Assistant Director
JESI J. CARLSON (D.C. Bar No. 975478)
Senior Litigation Counsel
Department of Justice, Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: (202) 305-7037
Email: jesi.j.carlson@usdoj.gov
TIMOTHY M. BELSAN
Trial Attorney

Attorneys for Defendants

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

MARTIN ARANAS, et al., ) No. 8:12-cv-1137-CBM (AJWx)
)
Plaintiffs, ) DEFENDANTS NOTICE OF
) SUPPLEMENTAL AUTHORITY
v. ) REGARDING PLAINTIFFS
) MOTION FOR PRELIMINARY
JANET NAPOLITANO, Secretary, ) INJUNCTION
Department of Homeland Security, )
et al., ) Hearing Date: November 20, 2012
Defendants. ) Time: 10:00 a.m.
______________________________ ) Judge: Hon. Consuelo B. Marshall

Case 8:12-cv-01137-CBM-AJW Document 82 Filed 11/06/12 Page 1 of 3 Page ID #:1902

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On August 23, 2012, Plaintiffs filed a motion for a preliminary injunction in this
action. Dkt. No. 12. On September 14, 2012, Defendants filed an opposition to that
motion arguing, among other things, that Plaintiffs failed to make the requisite
showing of irreparable harm based on their alleged fear of removal. See Opp. Mot.
Prelim. Inj., Dkt. No. 39, at 20-21.
Defendants respectfully supplement their opposition by submitting the attached
memorandum of U.S. Immigration and Customs Enforcement, dated October 5, 2012,
regarding the Applicability of Prosecutorial Discretion Memoranda to Certain Family
Relationships. This memorandum, which put in writing a policy that had been the
practice of U.S. Immigration and Customs Enforcement, and which applies on a case-
by-case basis to individuals who are in a committed, long-term same-sex relationship,
further demonstrates that it is less likely Plaintiffs or other putative class members will
suffer irreparable harm prior to final judicial resolution of the constitutionality of
Section 3 of the Defense of Marriage Act. In addition, multiple petitions for writ of
certiorari and certiorari before judgment addressing the constitutionality of Section 3
are currently pending before the Supreme Court. This memorandum could not have
been submitted with the opposition because it was issued after the opposition was filed
with this Court.

Case 8:12-cv-01137-CBM-AJW Document 82 Filed 11/06/12 Page 2 of 3 Page ID #:1903

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DATED: November 6, 2012 Respectfully submitted,
STUART F. DELERY
Acting Assistant Attorney General
Civil Division

AUGUST E. FLENTJE
Acting Deputy Assistant Attorney General

DAVID J. KLINE
Director
Office of Immigration Litigation

JEFFREY S. ROBINS
Assistant Director

s/ Jesi J. Carlson
JESI J. CARLSON
Senior Litigation Counsel
Department of Justice, Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel: (202) 532-4067
Fax: (202) 305-7000
Email: jesi.j.carlson@usdoj.gov

TIMOTHY M. BELSAN
Trial Attorney


Case 8:12-cv-01137-CBM-AJW Document 82 Filed 11/06/12 Page 3 of 3 Page ID #:1904
MEMORANDUM FOR:
FROM:
SUBJECT:
OCT - 5 2012
All Field Office Directors
All Chief Counsel
All Special Agents in Charge
A
GaryMead
Executive Associate Director
U.S. Department of Homeland Security
500 12th Street, SW
Washington, D.C. 20536
U.S. Immigration
and Customs
Enforcement

1 James Dinkins
{rExecutive As soc
Applicability of Prosecutorial Discretion Memoranda to Certain
Family Relationships
In June 2011, Director Morton issued a memorandum entitled "Exercising Prosecutorial
Discretion Consistent with Civil Immigration Enforcement Priorities of the Agency for the
Apprehension, Detention, and Removal of Aliens" (the Prosecutorial Discretion
Memorandum). This and other memoranda related to prosecutorial discretion are designed to
ensure that agency resources are focused on our enforcement priorities, including individuals
who pose a threat to public safety, are recent border crossers, or repeatedly violate our
immigration laws. Pursuant to the Secretary's instruction, this new guidance serves to clarify
how the existing memoranda related to prosecutorial discretion apply to family relationships
involving long-term, same-sex partners.
When considering whether to exercise prosecutorial discretion in an individual case, ICE
officers, agents, and attorneys should examine the totality of the circumstances presented by that
case. As the Prosecutorial Discretion Memorandum makes clear, one of the factors relevant to
that assessment is "the person's ties and contributions to the community, including family
relationships." The factor of "family relationships" encompasses two adults who are in a
committed, long-term, same-sex relationship.
Same-sex relationships that rise to the level of "family relationships" are long-term, same-sex
relationships in which the individuals -
are each other' s sole domestic partner and intend to remain so indefinitely;
are not in a marital or other domestic relationship with anyone else; and
typically maintain a common residence and share financial obligations and assets.
www.ice.gov
SUBJECT: Applicability ofProsecutorial Discretion Memoranda to Certain Family
Relationships
Page 2 of2
As with every other factor identified in the Prosecutorial Discretion Memorandum, the
applicability ofthe "family relationships" factor is only one of many factors to be considered on
an individualized basis in the determination of whether prosecutorial discretion is appropriate in
a given case. Officers, agents and attorneys must consider the totality of circumstances
presented in an individual case. Family relationships may be outweighed by criminal history,
prior immigration violations, or other indicia that an individual meets ICE enforcement priorities.
www.ice.gov