Skip to content

Case Detail

[Subscribe to updates]
Case TitleNew York Legal Assistance Group v. Board of Immigration Appeals et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv09495
Date Filed2018-10-17
Date ClosedOpen
JudgeJudge Paul A. Crotty
PlaintiffNew York Legal Assistance Group
Case DescriptionThe New York Legal Assistance Group submitted a FOIA request to the Executive Office for Immigration Review at the Department of Justice for all unpublished Board of Appeal decisions and asked the agency to post them online. The agency acknowledged receipt of the request and told NYLAG that its request was too broad to search. NYLAG refused to narrow the scope of its request. EOIR then denied the request, arguing that the BIA decisions were not final opinions. NYLAG filed an administrative appeal, but after hearing nothing further from the agency, NYLAG filed suit.
Complaint issues: Affirmative disclosure, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantBoard of Immigration Appeals
DefendantExecutive Office For Immigration Review
DefendantU.S. Department Of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-171COMPLAINT against Board of Immigration Appeals, Executive Office For Immigration Review, U.S. Department Of Justice. (Filing Fee $ 400.00, Receipt Number ANYSDC-15760435)Document filed by New York Legal Assistance Group.(Llewellyn, Patrick) (Entered: 10/17/2018)
2018-10-172CIVIL COVER SHEET filed. (Llewellyn, Patrick) (Entered: 10/17/2018)
2018-10-173MOTION for Patrick Daniel Llewellyn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15760888. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York Legal Assistance Group. (Attachments: # 1 Affidavit of Patrick D. Llewellyn, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 10/17/2018)
2018-10-174REQUEST FOR ISSUANCE OF SUMMONS as to Board of Immigration Appeals, re: 1 Complaint. Document filed by New York Legal Assistance Group. (Llewellyn, Patrick) (Entered: 10/17/2018)
2018-10-175REQUEST FOR ISSUANCE OF SUMMONS as to Executive Office for Immigration Review, re: 1 Complaint. Document filed by New York Legal Assistance Group. (Llewellyn, Patrick) (Entered: 10/17/2018)
2018-10-17>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 3 MOTION for Patrick Daniel Llewellyn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15760888. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 10/17/2018)
2018-10-176REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint. Document filed by New York Legal Assistance Group. (Llewellyn, Patrick) (Entered: 10/17/2018)
2018-10-177REQUEST FOR ISSUANCE OF SUMMONS as to Board of Immigration Appeals (USAO), re: 1 Complaint. Document filed by New York Legal Assistance Group. (Llewellyn, Patrick) (Entered: 10/17/2018)
2018-10-178REQUEST FOR ISSUANCE OF SUMMONS as to Board of Immigration Appeals (Attorney General), re: 1 Complaint. Document filed by New York Legal Assistance Group. (Llewellyn, Patrick) (Entered: 10/17/2018)
2018-10-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 10/18/2018)
2018-10-18Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 10/18/2018)
2018-10-18Case Designated ECF. (pc) (Entered: 10/18/2018)
2018-10-189NOTICE OF APPEARANCE by Danielle Feldman Tarantolo on behalf of New York Legal Assistance Group. (Tarantolo, Danielle) (Entered: 10/18/2018)
2018-10-1810NOTICE OF APPEARANCE by Jane Greengold Stevens on behalf of New York Legal Assistance Group. (Stevens, Jane) (Entered: 10/18/2018)
2018-10-1811FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Legal Assistance Group.(Tarantolo, Danielle) (Entered: 10/18/2018)
2018-10-1812ELECTRONIC SUMMONS ISSUED as to Board of Immigration Appeals. (pc) (Entered: 10/18/2018)
2018-10-1813ELECTRONIC SUMMONS ISSUED as to Board of Immigration Appeals. (pc) (Entered: 10/18/2018)
2018-10-1814ELECTRONIC SUMMONS ISSUED as to Board of Immigration Appeals. (pc) (Entered: 10/18/2018)
2018-10-1815ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice. (pc) (Entered: 10/18/2018)
2018-10-1816ELECTRONIC SUMMONS ISSUED as to Executive Office For Immigration Review. (pc) (Entered: 10/18/2018)
2018-10-2217SUMMONS RETURNED EXECUTED (FOIA CASE). Board of Immigration Appeals served on 10/22/2018, answer due 11/21/2018. Service was accepted by Hao Jun, Civil Clerk, U.S. Attorney's Office - SDNY. Document filed by New York Legal Assistance Group. (Tarantolo, Danielle) (Entered: 10/22/2018)
2018-10-3118ORDER granting 3 Motion for Patrick Daniel Llewellyn to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 10/31/2018)
2018-11-2119LETTER MOTION for Conference re the Government's anticipated motion to dismiss addressed to Judge Paul A. Crotty from Arastu K. Chaudhury dated November 21, 2018. Document filed by Board of Immigration Appeals, Executive Office For Immigration Review, U.S. Department Of Justice.(Chaudhury, Arastu) (Entered: 11/21/2018)
2018-11-2720LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Patrick D. Llewellyn dated 11/27/2018 re: 19 LETTER MOTION for Conference re the Government's anticipated motion to dismiss addressed to Judge Paul A. Crotty from Arastu K. Chaudhury dated November 21, 2018. and Concurrently Requesting a Conference re NYLAG's anticipated cross-motion for summary judgment . Document filed by New York Legal Assistance Group. (Llewellyn, Patrick) (Entered: 11/27/2018)
2018-11-29Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Wednesday, December 19, 2018 @ 11:15 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo) (Entered: 11/29/2018)
2018-12-17Calendar Entry *DATE CHANGE*: The Pre-Motion Conference scheduled to go forward on Wednesday, December 19, 2018 is rescheduled to: Thursday, January 17, 2019 @ 12:45 PM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 12/19/18 no longer a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY. (dgo) (Entered: 12/17/2018)
2018-12-2021JOINT LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Patrick D. Llewellyn & Arastu K. Chaudhury dated 12/20/2018. Document filed by New York Legal Assistance Group.(Llewellyn, Patrick) (Entered: 12/20/2018)
2018-12-2723STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ne) (Entered: 01/07/2019)
2018-12-27Case Stayed (ne) (Entered: 01/17/2019)
2019-01-0422ORDER granting 21 Letter Motion to Adjourn Conference. The proposed briefing schedule is adopted. The January 17, 2019 conference is adjourned. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/4/19) (yv) (Entered: 01/04/2019)
2019-01-04Set/Reset Deadlines: Cross Motions due by 2/22/2019. Motions due by 1/25/2019. Responses due by 3/22/2019. Replies due by 4/12/2019. (yv) (Entered: 01/04/2019)
2019-03-0124MOTION to Dismiss ., MOTION for Summary Judgment . Document filed by Board of Immigration Appeals, Executive Office For Immigration Review, U.S. Department Of Justice.(Chaudhury, Arastu) (Entered: 03/01/2019)
2019-03-0125MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss . MOTION for Summary Judgment . . Document filed by Board of Immigration Appeals, Executive Office For Immigration Review, U.S. Department Of Justice. (Chaudhury, Arastu) (Entered: 03/01/2019)
2019-03-0126DECLARATION of Joseph R. Schaaf in Support re: 24 MOTION to Dismiss . MOTION for Summary Judgment .. Document filed by Board of Immigration Appeals, Executive Office For Immigration Review, U.S. Department Of Justice. (Chaudhury, Arastu) (Entered: 03/01/2019)
2019-03-1827LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Crotty from Arastu K. Chaudhury dated March 18, 2019. Document filed by Board of Immigration Appeals, Executive Office For Immigration Review, U.S. Department Of Justice.(Chaudhury, Arastu) (Entered: 03/18/2019)
2019-03-2028ORDER granting 27 Letter Motion for Extension of Time to File Response/Reply re 24 MOTION to Dismiss . MOTION for Summary Judgment . The one week extension is granted. SO ORDERED. (Responses due by 5/3/2019 Replies due by 5/24/2019.) (Signed by Judge Paul A. Crotty on 3/20/19) (yv) (Entered: 03/21/2019)
2019-03-2929MOTION for Summary Judgment and Opposition to Defendants' Motion to Dismiss and Motion for Summary Judgment . Document filed by New York Legal Assistance Group.(Llewellyn, Patrick) (Entered: 03/29/2019)
2019-03-2930MEMORANDUM OF LAW in Support re: 29 MOTION for Summary Judgment and Opposition to Defendants' Motion to Dismiss and Motion for Summary Judgment . . Document filed by New York Legal Assistance Group. (Llewellyn, Patrick) (Entered: 03/29/2019)
2019-03-2931DECLARATION of Jodi Ziesemer in Support re: 29 MOTION for Summary Judgment and Opposition to Defendants' Motion to Dismiss and Motion for Summary Judgment .. Document filed by New York Legal Assistance Group. (Attachments: # 1 Exhibit A)(Llewellyn, Patrick) (Entered: 03/29/2019)
2019-03-2932DECLARATION of Danielle Tarantolo in Support re: 29 MOTION for Summary Judgment and Opposition to Defendants' Motion to Dismiss and Motion for Summary Judgment .. Document filed by New York Legal Assistance Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Llewellyn, Patrick) (Entered: 03/29/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar