Opinion

STEVE ELZINGA, OSB #123102

Marion County Legal Counsel

selzinga@co.marion.or.us

555 Court Street N.E., Suite 5242

P.O. Box 14500

Salem, OR 97309

Telephone: (503) 588-5220

Attorney for Sheriff Hunter and

Marion County Sheriff’s Office

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

UNITED STATES OF AMERICA, Case No. 3:26-cv-00648-MC

Peitioner,

STIPULATED ORDER GRANTING

v. MARION COUNTY RESPONDENTS’

MOTION FOR SUMMARY

JUDGMENT AS TO MARION

MULTNOMAH COUNTY DEPARTMENT COUNTY

OF COMMUNITY JUSTICE; SUZANNE

BROWN-MCBRIDE, Deputy Director,

Multnomah County Department of Community

Justice; CLACKAMAS COUNTY SHERIFF’S

OFFICE PAROLE & PROBATION

DIVISION; ANGELA BRANDENBURG,

Clackamas County Sheriff; MARION COUNTY

SHERIFF’S OFFICE, COMMUNITY

CORRECTIONS DIVISION; NICHOLAS

HUNTER, Marion County Sheriff;

WASHINGTON COUNTY COMMUNITY

CORRECTIONS PROBATION AND

PAROLE; NATHAN GAOIRAN, Director,

Washington County Community Corrections

Probation and Parole,

Respondents.

Page 1 of 3 – STIPULATED ORDER GRANTING MARION COUNTY RESPONDENTS’

MOTION FOR SUMMARY JUDGMENT AS TO MARION COUNTY

This matter is before the undersigned upon the petition for enforcement of administrative

subpoenas filed by the United States of America.

The Court has examined the administrative subpoena to Marion County in this case to

determine whether it is enforceable under 8 U.S.C. § 1225(d)(4) and United States v. Morton

Salt, 338 U.S. 632 (1950). The Court finds the administrative subpoena to Marion County is

valid and the information it requests is subject to production under § 1225(d)(4).

Under 8 U.S.C. § 1225(d)(4)(B), and based upon the petition and motion filed by Marion

County, and all the records herein, IT IS HEREBY ORDERED THAT:

1.The Petition to Enforce Administrative Subpoenas, ECF No. 1, is GRANTED as to

Marion County Respondents;

2.That Marion County Respondents comply with the administrative subpoenas within

seven (7) days of the date of this Order and produce responsive documents within their custody

and control. If the information and/or documents are not within their custody and control, Marion

County Respondents will serve on Petitioner an appropriate custodial declaration.

SO STIPULATED:

Dated: April 3rd, 2026 Dated: April 3rd, 2026

/s/ Andrew Kartchner /s/ Steve Elzinga

Andrew Kartchner Steve Elzinga

United States Department of Justice Marion County Legal Counsel

Andrew.Kartchner@usdoj.gov selzinga@co.marion.or.us

Page 2 of 3 – STIPULATED ORDER GRANTING MARION COUNTY RESPONDENTS’

MOTION FOR SUMMARY JUDGMENT AS TO MARION COUNTY

The Court has reviewed the reason offered in support of the entry of this Stipulated Order

and finds that there is good cause. Accordingly, the Court adopts the above Stipulated Order in

this action.

IT IS SO ORDERED.

DATED: April 14, 2026

s/Michael J. McShane

MICHAEL J. McSHANE

UNITED STATES DISTRICT JUDGE

Page 3 of 3 – STIPULATED ORDER GRANTING MARION COUNTY RESPONDENTS’

MOTION FOR SUMMARY JUDGMENT AS TO MARION COUNTY