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Case TitleAmerican Immigration Council et al v. Executive Office For Immigration Review et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv01835
Date Filed2019-02-27
Date ClosedOpen
JudgeJudge Denise L. Cote
PlaintiffKathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law
PlaintiffAmerican Immigration Council
Case DescriptionThe American Immigration Council and Kathryn Greenberg of the Immigration Justice Clinic at Benjamin Cardozo School of Law submitted two FOIA requests to the Executive Office for Immigration Review at the Department of Justice for records concerning EOIR's current policies on stays of removal and motions to reopen or reconsider removal orders. AIC and Greenberg also requested expedited processing. The agency responded to their first FOIA request with a spreadsheet containing some data on stays of removal. AIC and Greenberg filed an administrative appeal of that decision. DOJ upheld the agency's decision. The agency acknowledged receipt of the second request but denied AIC and Greenberg's request for expedited processing. After hearing nothing from the agency pertaining to either request, AIC and Greenberg filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantExecutive Office For Immigration Review
DefendantU.S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-271FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY AND FILER ERROR - COMPLAINT against Department Of Justice, Executive Office For Immigration Review. (Filing Fee $ 400.00, Receipt Number ANYSDC-16415697)Document filed by Immigration Justice Clinic of The Benjamin N. Cardozo School Of Law, American Immigration Council. (Attachments: # 1 Exhibit Ex. A-First Request, # 2 Exhibit Ex. B-First Request Receipt Notice, # 3 Exhibit Ex. C-First Request Response Letter, # 4 Exhibit Ex. D-First Request Response Appeal, # 5 Exhibit Ex. E-First Request Appeal Decision, # 6 Exhibit Ex. F-Second Request, # 7 Exhibit Ex. G-Second Request Receipt Notice)(Nash, Lindsay) Modified on 2/28/2019 (jgo). (Entered: 02/27/2019)
2019-02-272CIVIL COVER SHEET filed. (Nash, Lindsay) (Entered: 02/27/2019)
2019-02-273RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Immigration Council, Immigration Justice Clinic of The Benjamin N. Cardozo School Of Law.(Nash, Lindsay) (Entered: 02/27/2019)
2019-02-28***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lindsay Cotten Nash. The party information for the following party/parties has been modified: Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law; U.S. Department of Justice. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) (Entered: 02/28/2019)
2019-02-28***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lindsay Cotten Nash to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): due to party modification, the wrong filer/filers were selected for the pleading; due to party modification, the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) (Entered: 02/28/2019)
2019-02-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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 . (jgo) (Entered: 02/28/2019)
2019-02-28Magistrate Judge Robert W. Lehrburger 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 . (jgo) (Entered: 02/28/2019)
2019-02-28Case Designated ECF. (jgo) (Entered: 02/28/2019)
2019-02-284COMPLAINT against Executive Office For Immigration Review, U.S. Department of Justice. Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law, American Immigration Council. (Attachments: # 1 Exhibit Ex. A- First Request, # 2 Exhibit Ex. B- First Request Receipt Notice, # 3 Exhibit Ex. C- First Request Response Letter, # 4 Exhibit Ex. D- First Request Response Appeal, # 5 Exhibit Ex. E- First Request Appeal Decision, # 6 Exhibit Ex. F- Second Request, # 7 Exhibit Ex. G- Second Request Receipt Notice)(Nash, Lindsay) (Entered: 02/28/2019)
2019-03-055REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 4 Complaint,,. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Nash, Lindsay) (Entered: 03/05/2019)
2019-03-056REQUEST FOR ISSUANCE OF SUMMONS as to Executive Office for Immigration Review, re: 4 Complaint,,. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Nash, Lindsay) (Entered: 03/05/2019)
2019-03-057MOTION for Leave to Appear as Law Students . Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: # 1 Exhibit Ex. A - Ben Tov Appearance Form, # 2 Exhibit Ex. B - Bukh Appearance Form, # 3 Exhibit Ex. C - Castillo Appearance Form, # 4 Exhibit Ex. D - Lundgren Appearance Form)(Nash, Lindsay) (Entered: 03/05/2019)
2019-03-068ELECTRONIC SUMMONS ISSUED as to Executive Office For Immigration Review. (sj) (Entered: 03/06/2019)
2019-03-069ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (sj) (Entered: 03/06/2019)
2019-03-1110NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 03/11/2019)
2019-03-1111ORDER granting 7 Motion for Leave to Appear As Law Students. (Signed by Judge Denise L. Cote on 3/11/2019) (gr) (Entered: 03/11/2019)
2019-03-1112NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 5/10/2019 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 3/11/2019) (gr) (Entered: 03/11/2019)
2019-03-2813FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16580863. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Council. (Attachments: # 1 Supplement IL Letter of Good Standing)(Valenzuela, Claudia) Modified on 3/28/2019 (ma). (Entered: 03/28/2019)
2019-03-28>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16580863. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): missing certificate of good standing from the Supreme Court of Illinois, affidavit pursuant to local rule 1.3. and proposed order. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) (Entered: 03/28/2019)
2019-04-0814MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Council. (Attachments: # 1 Affidavit, # 2 Supplement IL SCT Certificate of Good Standing, # 3 Proposed Order)(Valenzuela, Claudia) (Entered: 04/08/2019)
2019-04-08>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 04/08/2019)
2019-04-0815ANSWER to 4 Complaint,,. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Kahane, Joshua) (Entered: 04/08/2019)
2019-04-0916ORDER granting 14 Motion for Claudia Valenzuela to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr) (Entered: 04/09/2019)
2019-04-0917ORDER: ORDERED that the May 10, 2019 initial pretrial conference is rescheduled to May 9 at 2 p.m. in Courtroom 18B, 500 Pearl Street. (Signed by Judge Denise L. Cote on 4/9/2019) (gr) (Entered: 04/09/2019)
2019-04-1618AFFIDAVIT OF SERVICE of summonses, complaint, ECF Filing Rules, Judge Cote's Individual Rules served on Geoffrey S. Berman, U.S. Attorney for the Southern District of New York on 03/21/2019. Service was made by Mail. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: # 1 Summonses, # 2 Complaint, # 3 ECF Filing Rules, # 4 Judge Cote's Individual Rules)(Nash, Lindsay) (Entered: 04/16/2019)
2019-04-1619SUMMONS RETURNED EXECUTED. U.S. Department of Justice served on 3/22/2019, answer due 4/12/2019. Service was made by Mail. Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law; American Immigration Council. (Nash, Lindsay) (Entered: 04/16/2019)
2019-04-1620SUMMONS RETURNED EXECUTED. Executive Office For Immigration Review served on 3/21/2019, answer due 4/11/2019. Service was made by Mail. Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law; American Immigration Council. (Nash, Lindsay) (Entered: 04/16/2019)
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by FOIA Project Staff
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