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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO: 20-CV-23441-ALTONAGA 

 MAGISTRATE JUDGE REID 

KWESI KERR, 

Petitioner, 

v. 

WILLIAM BARR, et al., 

Respondent 

______________________________/ 

ORDER OF DIRECTIONS TO CLERK 

 This case is before the Court on emergency petitions for writ of habeas corpus. 

[ECF Nos. 1, 6].1

 For unknown reasons, the entire court file was sealed by the 

Clerk’s Office. As explained below, the docket should be UNSEALED, and the only 

documents that should remain sealed are ECF Nos. 1-1 and 6-1. 

 Movant has filed multiple motions to seal in this case: two identical 

“motion[s] to file habeas corpus under seal and anonymously [ECF Nos. 3, 7] and a 

“motion to file emergency temporary restraining order and preliminary injunction 

anonymously and under seal” [ECF No. 10]. Movant contends that the motions to 

seal should be granted because he has a battered spouse petition pending and 

1

 Petitioner filed the second emergency petition three days after the first. The petitions appear to 

be substantially similar. 

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“IIRAIRA and VAWA 2000” prohibit the publication and sharing of his information 

except for law enforcement purposes. [ECF Nos. 3, 7, 10].   

The essence of Petitioner’s filing is that he believes the Government is 

preventing him from “pursuing a visa application and cancellation of removal” prior 

to his deportation. [ECF No. 6]. This includes Petitioner’s application under the 

Violence Against Women Act (“VAWA”). As such, Petitioner requests that the 

Court stay his order of removal until his VAWA petition is full adjudicated. [Id. at 

3]. 

VAWA’s confidentiality provisions prohibit employees of the Department of 

Homeland Security and Department of State from disclosing information related “to 

an alien who is the beneficiary of an application for relief” under the Act. 8 U.S.C. 

§ 1367(b). The Court can locate nothing in VAWA that requires a District Court to 

entirely seal any lawsuit related to a Petitioner who has a pending VAWA 

application, especially where, as here, the lawsuit does not directly relate to the 

confidential information that would be part of Petitioner’s VAWA application. 

Rather, the instant petition relates to ICE’s alleged interference with Petitioner’s 

ability to prosecute his VAWA application, not to the VAWA application itself. 

It is well-settled that there is a general right to inspect and copy public records 

and documents, including judicial documents. See Nixon v. Warner Commc’ns, 435 

U.S. 589, 597 (1978)). See also Comm’r, Ala. Dep’t of Corr. v. Advance Local 

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Media, LLC, 918 F.3d 1161, 1167 (11th Cir. 2019) (“[M]aterials submitted by 

litigants . . . that are integral to the judicial resolution of the merits in any action 

taken by that court are subject to the common law right of access . . . .” (citation 

omitted)). “To rebut the presumption in favor of public access, the requesting party 

must establish that sealing the records is essential to preserve higher values and is 

narrowly tailored to serve that interest.” United States v. Sajous, 749 F. App’x 943, 

944 (11th Cir. 2018) (citation omitted); see also Advance Local Media, 918 F.3d at 

1173 (“This public right of access . . . may only be overcome when a court 

determines . . . that the party seeking to keep the information confidential has shown 

good cause.”). 

 Movant’s assertion that this entire proceeding should be sealed is vague, and 

unsupported by any specific assertions regarding the confidentiality of the 

documentation provided in initiation of this lawsuit. Consequently, his request is not 

sufficiently “narrowly tailored” to rebut the presumption of public access to the 

docket. See Sajous, 749 F. App’x at 944-45; Newman v. Graddick, 696 F.2d 796, 

803 (11th Cir. 1983). 

As discussed above, the instant petition relates not to Movant’s VAWA 

application itself, but ICE’s alleged interference with his ability to prosecute his 

VAWA application. Although Movant attaches certain documents to his petitions 

that are of a confidential nature, he does not include any substantial discussion of 

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the substance of those documents in his petitions. Accordingly, Petitioner’s motions 

to seal his pending petitions [ECF Nos. 3, 6] are GRANTED in part and DENIED 

in part. 

As to Petitioner’s “Motion to File and Emergency Temporary Restraining 

Order and Preliminary Injunction Anonymously and Under Seal” [ECF No. 10], his 

motion is DENIED without prejudice. As discussed above, Petitioner’s mere 

assertion that his VAWA application is pending is insufficient for the Court to permit 

him to file any preliminary injunction under seal. See S.D. Fla. L.R. 5.4(b). He fails 

to sufficiently set forth a factual and legal basis to rebut the presumption in favor of 

public access to judicial records. 

Accordingly, the Clerk is directed as follows: 

1. Petitioner’s Motions to File Habeas Corpus Under Seal [ECF Nos. 3, 7] 

are GRANTED in part and DENIED in part: 

a. ECF No. 1 shall be UNSEALED, but ECF No. 1-1 (Exhibit A) shall 

remain SEALED; 

b. ECF No. 6 shall be UNSEALED, but ECF No. 6-1 (Exhibit A) shall 

remain SEALED; 

2. Petitioner’s Motion to File Emergency Temporary Restraining Order 

Under Seal [ECF No. 10] is DENIED without prejudice; and, 

3. All other docket entries shall be UNSEALED. 

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 DONE AND ORDERED at Miami, Florida this 26th day of August, 2020. 

 s/Lisette M. Reid 

 UNITED STATES MAGISTRATE JUDGE 

 

cc: Kwesi O. Kerr 

A#209-346-072 

Krome Service Processing Center 

Inmate Mail/Parcels 

18201 SW 12th Street 

Miami, FL 33194 

PRO SE 

 Noticing 2241/Bivens US Attorney 

Email: usafls-2255@usdoj.gov

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