United States v. Ramada Inn Old Town

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER 1 OCAHO 105 United States of America, Complainant v. Ramada Inn Old Town, Respondent; 8 USC § 1324a Proceeding; Case No. 89100364. ORDER DENYING RESPONDENT'S REQUEST FOR ORDER COMPELLING PRODUCTION OF PRIVILEGED DOCUMENTS On November 1, 1989, Respondent filed a Request for Order Compelling Production of Documents. On November 15, 1989, in response to paragraph 1 of Respondent's request, I issued an Order Denying Respondent's Motion, except I directed the Complainant to produce for my in camera inspection those documents not disclosed by the Complainant to the Respondent on the grounds of privilege. On November 17, 1989, pursuant to my prior Order, Complainant filed with this office a Memorandum of Law with attached documents which it alleged are privileged.

After carefully reviewing Complainant's Memorandum of Law and attached documents, it is my view that the documents are privileged because they are documents prepared for law enforcement purposes, attorney work product, and contain other types of legally recognized privileged information. For the foregoing reasons, Respondent's Motion for Production of these documents is hereby denied. It is further ORDERED that the Memorandum and attached documents shall be sealed and made available for inspection on an appeal by the Chief Administrative Hearing Officer and his staff or a Circuit Court of Appeals having jurisdiction over this matter. SO ORDERED: This 21st day of November, 1989, at San Diego, California.

ROBERT B. SCHNEIDER

Administrative Law Judge 690