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Case TitleAMERICAN IMMIGRATION COUNCIL v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2011cv01972
Date Filed2011-11-08
Date Closed2014-03-24
JudgeJudge James E. Boasberg
PlaintiffAMERICAN IMMIGRATION COUNCIL
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [47]
FOIA Project Annotation: Judge James Boasberg has ruled that Customs and Border Protection properly applied Exemption 7(E) (investigative methods and techniques) and Exemption 5 (deliberative process privilege) to withhold portions of several documents concerning the agency's policies for legal representation of detainees. The American Immigration Council made a broad request to CBP, but the dispute finally focused on the withheld documents as well as a document the agency claimed was non-responsive. After an in camera review, Boasberg agreed with the agency's claims. Because the pages from the agency's Border Patrol Handbook were entitled "Advice of Rights," the AIC contended they likely were responsive. But Boasberg noted that the pages "only address CBP's procedure for advising individuals of their rights when detained. This procedure occurs outside the presence of counsel, and the redacted pages do not contain any protocols or guidelines for dealing with counsel or requests for counsel." Before turning to the exemption claims, Boasberg pointed out that AIC had gotten an unredacted version of one document from another source and now challenged only those portions that had been redacted previously. But Boasberg observed that "plaintiff already has obtained the redacted information, and it does not explain why it needs the Court to order this material released again. As Plaintiff has already received the relief it seeks, the court holds this request to be moot. . ." As to the other exemption claims, Boasberg agreed with the agency. AIC contended that much of the information withheld under Exemption 7(E) did not pertain to a law enforcement function. Boasberg observed that "each of the withheld records has a rational nexus to the agency's law-enforcement duties, including the prevention of terrorism and unlawful immigration." He added that "whatever the policy merits of the agency's approach, Congress has determined that CBP should be tasked with preventing unlawful entry and handling the concomitant security risks" and noted that "AIC offers no argument for why the control of persons detained in federal custody as the result of law-enforcement operations should not be considered related to an investigation, or, ultimately a prosecution, and the Court sees none either. In fact, the treatment of suspects�"what rights they are afforded, how they are interrogated, how long and in what conditions they are detained�"would appear to go to the heart of law-enforcement 'investigations' and 'prosecutions.'" AIC argued that emails from superiors to subordinates should not be presumed to be deliberative if they no longer asked for feedback on options. Rejecting that claim, Boasberg observed that after in camera review he found that "the emails involve CBP employees of various subordinate levels and specifically discuss a request for clarification from Headquarters."
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative
Opinion/Order [59]
FOIA Project Annotation: Clearly irritated by the parties' lack of detail concerning the specifics of the attorney's fees award requested by the American Immigration Council and the government's opposition to the amount, Judge James Boasberg has awarded AIC $82,513 for its FOIA suit against Customs and Border Protection, a reduction of $50,000 from the original request. AIC had requested information from CBP about access to counsel for immigrants. The agency initially told AIC that responsive information was available online. Eventually the agency provided two responsive records. AIC sued the agency. CBP filed a summary judgment motion, but after reviewing AIC's opposition realized that its search was inadequate and withdrew its summary judgment motion. It then searched a number of field offices suggested by AIC, locating over 300 documents. During the litigation the parties settled their differences except for seven documents. Boasberg upheld the agency's exemption claims. AIC continued to press its claim for attorney's fees, but after another five months of negotiations, CBP suddenly changed course and indicated it now believed AIC was not entitled to fees. AIC then asked Boasberg to rule on the issue of attorney's fees. The agency argued that it had not changed its position as a result of the litigation. But Boasberg noted that "it is baffling"and hardly helpful to their credibility here"that Defendants still adamantly assert that no change in position occurred during the pendency of the litigation. On the contrary, Defendants' release of at least 156 additional responsive documents manifests a 180-degree reversal from their initial position that no further responsive records existed. The sequence of events"as well as the Government's representations throughout"makes clear, moreover, that Plaintiff's lawsuit served as a necessary catalyst for the agency's release of a significant body of responsive material." The agency argued that it had won the second summary judgment motion. Boasberg responded by indicating that "to be eligible for fees, a complainant must only substantially"not completely"prevail. That the Court ultimately acquiesced in Defendants' withholdings in seven documents does not mean that AIC is stripped of its eligibility for fees." In arguing against entitlement to fees, the agency claimed AIC's dissemination was to a small community of immigration attorneys. Boasberg pointed out that "the issue of noncitizens' access to counsel is an important component of a vigorous political debate over immigration and is, therefore, of widespread public interest." He faulted the agency for making inconsistent claims since it had already granted AIC a fee waiver based on its determination that disclosure of the records was a matter of public interest. Boasberg then turned to what he clearly felt was the drudgery of calculating fees"particularly in the face of a lack of specificity by the parties. Both parties argued over whether a version of the Laffey matrix based on a survey of legal fees, or one based on a survey of consumer prices more broadly was appropriate. Boasberg indicated that he could avoid that determination in this case because fees charged by AIC's outside counsel, Dorsey & Whitney, provided an appropriate basis for finding that AIC's in-house attorneys qualified at the same experience rates as those at Dorsey & Whitney. Boasberg agreed with the agency that the number of hours claimed by multiple attorneys was unreasonable. Rather than get into the minutiae of calculations, he reduced the fees by 25 percent across the board. Unlike some other judges in the D.C. Circuit, Boasberg refused to grant fees for reviewing documents for exemption claims. Pointing out that AIC's complaint was for untimely disclosure of documents, he observed that "Plaintiff would have had to expend this time had CBP timely produced the documents without litigation; the cost of reviewing documents produced in response to a FOIA request"to see if they are responsive or for other reasons"is simply the price of making such a request." The agency argued AIC's fee request was excessive because it had settled similar cases against USCIS for $45,000 and ICE for $35,000. But Boasberg explained that "parties routinely settle cases for less than their true value"that is, at a discount"to account for the elimination of risk and uncertainty and energy expended that inhere in further litigation. That is the very nature of settlement. . .The Government cannot now insist that any fee award be anchored to the amount Plaintiff settled for in comparable cases." Although AIC had not succeeded on all its claims for attorney's fees, Boasberg declined to reduce those fees, particularly since, he noted, the agency had significantly prolonged that phase of the litigation by suddenly halting negotiations. AIC had originally requested $131,000 in fees and after his reductions, Boasberg awarded $82,000.
Issues: Litigation - Attorney's fees - Eligibility - Causal effect, Litigation - Attorney's fees - Entitlement - Public benefit, Litigation - Attorney's fees - Entitlement - Calculation of award
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-11-081COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350, receipt number 4616043612) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(rdj) (Entered: 11/09/2011)
2011-11-08Summons (2) Issued as to U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (rdj) (Entered: 11/09/2011)
2011-11-082NOTICE OF RELATED CASE by AMERICAN IMMIGRATION COUNCIL. Case related to Case No. 11-1971. (rdj) (Entered: 11/09/2011)
2011-11-153RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/10/2011. Answer due for ALL FEDERAL DEFENDANTS by 12/10/2011. (Magid, Creighton) (Entered: 11/15/2011)
2011-11-234RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2011. (Magid, Creighton) (Entered: 11/23/2011)
2011-12-085NOTICE of Appearance by Marian L. Borum on behalf of All Defendants (Borum, Marian) (Entered: 12/08/2011)
2011-12-096MOTION for Extension of Time to Answer, Move or Otherwise Respond to Plaintiff's Complaint by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 12/09/2011)
2011-12-12MINUTE ORDER granting 6 Motion for Extension of Time. Defendants shall respond to Complaint on or before 1/26/2012. Signed by Judge James E. Boasberg on 12/12/2011. (lcjeb3) (Entered: 12/12/2011)
2011-12-13Set/Reset Deadlines: Defendants shall respond to Complaint on or before 1/26/2012. (ad) (Entered: 12/13/2011)
2012-01-187MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Beth Jennifer Werlin, :Firm- American Immigration Council's Legal Action Center, :Address- 1331 G Street, N.W., Suite 200, Washington, D.C. 20005. Phone No. - 202-507-7522. Fax No. - 202-742-5619 by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Magid, Creighton) (Entered: 01/18/2012)
2012-01-18MINUTE ORDER granting 7 Motion for Admission Pro Hac Vice of Beth Jennifer Werlin. Signed by Judge James E. Boasberg on 01/18/2012. (lcjeb3) (Entered: 01/18/2012)
2012-01-268NOTICE of Appearance by Beth Jennifer Werlin on behalf of AMERICAN IMMIGRATION COUNCIL (Werlin, Beth) (Entered: 01/26/2012)
2012-01-269WITHDRAWN PER NOTICE FILED 5/22/2012.....MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Borum, Marian) Modified on 5/23/2012 (zmm, ). (Entered: 01/26/2012)
2012-01-2610NOTICE of Appearance by Melissa E. Crow on behalf of AMERICAN IMMIGRATION COUNCIL (Crow, Melissa) (Entered: 01/26/2012)
2012-02-0311Unopposed MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Magid, Creighton) (Entered: 02/03/2012)
2012-02-06MINUTE ORDER granting 11 Unopposed Motion for Extension of Time to File Response/Reply. Plaintiff's Opposition to Defendants' Motion for Summary Judgment shall be filed on or before 3/26/2012. Signed by Judge James E. Boasberg on 2/6/2012. (lcjeb3) (Entered: 02/06/2012)
2012-02-06Set/Reset Deadlines: Plaintiff's Opposition to Defendants' Motion for Summary Judgment shall be filed on or before 3/26/2012. (ad) (Entered: 02/06/2012)
2012-03-2612RESPONSE re 9 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration Blair Loy, # 5 Exhibit A to Blair Loy Dec, # 6 Exhibit B to Blair Loy Dec, # 7 Declaration Melissa Crow, # 8 Exhibit A to Melissa Crow Dec, # 9 Exhibit B to Melissa Crow Dec, # 10 Exhibit C to Melissa Crow Dec, # 11 Exhibit D to Melissa Crow Dec, # 12 Exhibit E to Melissa Crow Dec, # 13 Exhibit F to Melissa Crow Dec, # 14 Exhibit G to Melissa Crow Dec, # 15 Exhibit H to Melissa Crow Dec, # 16 Declaration Benjamin Johnson, # 17 Exhibit A to Benjamin Johnson Dec, # 18 Exhibit B to Benjamin Johnson Dec, # 19 Declaration Cathy Potter, # 20 Exhibit A to Cathy Potter Dec, # 21 Exhibit B to Cathy Potter Dec, # 22 Declaration John Pratt, # 23 Exhibit A to John Pratt Dec, # 24 Exhibit B to John Pratt Dec, # 25 Exhibit C to John Pratt Dec, # 26 Exhibit D to John Pratt Dec, # 27 Declaration Karen Tumlin, # 28 Exhibit A to Karen Tumlin Dec)(Magid, Creighton) (Entered: 03/26/2012)
2012-03-2713ERRATA to Opposition to Motion for Summary Judgment by AMERICAN IMMIGRATION COUNCIL 12 Response to motion,,,, filed by AMERICAN IMMIGRATION COUNCIL. (Magid, Creighton) (Entered: 03/27/2012)
2012-04-0414Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 04/04/2012)
2012-04-04MINUTE ORDER granting 14 Consent Motion for Extension of Time to File Reply: Defendants shall file a Reply on or before 4/25/2012. Signed by Judge James E. Boasberg on 4/4/2012. (lcjeb3) (Entered: 04/04/2012)
2012-04-04Set/Reset Deadline: Defendants shall file a Reply on or before 4/25/2012. (ad) (Entered: 04/04/2012)
2012-04-2415Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Borum, Marian) (Entered: 04/24/2012)
2012-04-24MINUTE ORDER granting 15 Consent Motion for Extension of Time to File Response/Reply: Defendant shall file a Reply to Plaintiff's Opposition on or before 5/15/2012. Signed by Judge James E. Boasberg on 4/24/2012. (lcjeb3) (Entered: 04/24/2012)
2012-04-24Set/Reset Deadline: Defendant shall file a Reply to Plaintiff's Opposition on or before 5/15/2012. (ad) (Entered: 04/24/2012)
2012-05-0216MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michelle S. Grant, :Firm- Dorsey & Whitney LLP, :Address- 50 South Sixth Street, Minneapolis, MN 55402. Phone No. - 612-340-5671. Fax No. - 612-340-2868 by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Magid, Creighton) (Entered: 05/02/2012)
2012-05-02MINUTE ORDER granting 16 Motion for Admission Pro Hac Vice of Michelle S. Grant. Signed by Judge James E. Boasberg on 5/2/2012. (lcjeb3) (Entered: 05/02/2012)
2012-05-1517Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 05/15/2012)
2012-05-15MINUTE ORDER granting 17 Consent Motion for Extension of Time to File Response/Reply: Defendants shall file a Reply on or before 5/22/2012. Signed by Judge James E. Boasberg on 5/15/2012. (lcjeb3) (Entered: 05/15/2012)
2012-05-16Set/Reset Deadline: Defendants shall file a Reply on or before 5/22/2012. (ad) (Entered: 05/16/2012)
2012-05-2218NOTICE OF WITHDRAWAL OF MOTION by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 05/22/2012)
2012-05-2219Consent MOTION for Briefing Schedule by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 05/22/2012)
2012-05-22MINUTE ORDER: Defendants' 19 Consent Motion for Renewed Briefing Schedule is GRANTED. Defendants will provide Plaintiff with a rolling production of responsive records and provide the Court with monthly status reports. After the conclusion of the production, which may take between six and nine months, Defendants will consult with Plaintiff and the Court regarding a renewed briefing schedule. Defendants shall file a status report on or before 6/22/2012. Signed by Judge James E. Boasberg on 5/22/2012. (lcjeb3) (Entered: 05/22/2012)
2012-05-23Set/Reset Deadlines: Status Report due by 6/22/2012. (zmm, ) (Entered: 05/23/2012)
2012-06-2220STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 06/22/2012)
2012-07-2021STATUS REPORT (SECOND) by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 07/20/2012)
2012-08-1722STATUS REPORT to the Court by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 08/17/2012)
2012-09-1923STATUS REPORT (Fourth) by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 09/19/2012)
2012-10-1924STATUS REPORT (Fifth) by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 10/19/2012)
2012-10-1925ERRATA by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit)(Borum, Marian) (Entered: 10/19/2012)
2012-11-1926Consent MOTION for Extension of Time to File Defendants' Sixth Status Report to the Court by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 11/19/2012)
2012-11-20MINUTE ORDER: Defendants' 26 Consent Motion for Extension of Time to File is hereby GRANTED. Defendants shall file their Sixth Status Report to the Court on or before November 21, 2012. Signed by Judge James E. Boasberg on 11/20/12. (lcjeb4) (Entered: 11/20/2012)
2012-11-20Set/Reset Deadlines: Defendants shall file their Sixth Status Report to the Court on or before 11/21/2012. (ad) (Entered: 11/20/2012)
2012-11-2027STATUS REPORT (Sixth) by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 11/20/2012)
2012-12-1928STATUS REPORT (Seventh) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 12/19/2012)
2013-01-1829STATUS REPORT (Eighth) by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 01/18/2013)
2013-02-1930Consent MOTION for Extension of Time to File Ninth Status Report by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 02/19/2013)
2013-02-19MINUTE ORDER: Defendants' 30 Consent Motion for Enlargment of Time is GRANTED. Defendants shall file their Ninth Status Report to the Court on or before February 22, 2013. Signed by Judge James E. Boasberg on 2/19/2013. (lcjeb2) (Entered: 02/19/2013)
2013-02-19Set/Reset Deadlines: Status Report due by 2/22/2013. (tg, ) (Entered: 02/20/2013)
2013-02-2231STATUS REPORT (Ninth) by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 02/22/2013)
2013-03-20MINUTE ORDER setting this matter for a status hearing on April 11, 2013, at 10:00 a.m. in Courtroom #19. Signed by Judge James E. Boasberg on 3/20/2013. (lcjeb3) (Entered: 03/20/2013)
2013-03-21Set/Reset Hearing: A Status Conference is set for 4/11/2013 at 10:00 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 03/21/2013)
2013-04-0932Joint MOTION to Continue Status Conference by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Grant, Michelle) (Entered: 04/09/2013)
2013-04-09MINUTE ORDER granting 32 Motion to Continue. The Court hereby ORDERS that the Status Conference previously set for April 11, 2013, is VACATED and RESCHEDULED for April 18, 2013, at 10:00 a.m. in Courtroom #19. Signed by Judge James E. Boasberg on 4/9/2013. (lcjeb3) (Entered: 04/09/2013)
2013-04-10Set/Reset Hearings: The Status Conference set for 4/11/2013 at 10:00 AM is hereby VACATED and RESCHEDULED for 4/18/2013 at 10:00 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 04/10/2013)
2013-04-1733Joint MOTION to Continue Status Conference by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Grant, Michelle) (Entered: 04/17/2013)
2013-04-17MINUTE ORDER granting the parties' 33 Joint Motion to Continue Status Conference. The Court ORDERS that the Status Conference previously set for April 18, 2013, is VACATED and RESCHEDULED for May 22, 2013, at 9:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 4/17/2013. (lcjeb2) (Entered: 04/17/2013)
2013-04-18Set/Reset Hearings: The Status Conference set for 4/18/2013 at 10:00 AM is hereby VACATED and RESCHEDULED for 5/22/2013 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 04/18/2013)
2013-05-2134Joint MOTION to Continue Status Conference by AMERICAN IMMIGRATION COUNCIL (Grant, Michelle) (Entered: 05/21/2013)
2013-05-21MINUTE ORDER granting the parties' 34 Joint Motion to Continue Status Conference. The Court ORDERS that the Status Conference previously set for May 22, 2013, is VACATED and RESCHEDULED for June 12, 2013, at 9:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 5/21/2013. (lcjeb2) (Entered: 05/21/2013)
2013-05-22Set/Reset Hearings: The Status Conference set for 5/22/2013 at 9:30 AM is hereby VACATED and RESCHEDULED for 6/12/2013 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 05/22/2013)
2013-06-1035Joint MOTION to Continue Status Conference by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Grant, Michelle) (Entered: 06/10/2013)
2013-06-10MINUTE ORDER granting 35 Motion to Continue. The Court hereby ORDERS that the Status Conference previously set for June 12, 2013, is VACATED and RESCHEDULED for July 15, 2013, at 10:15 a.m. in Courtroom #19. Signed by Judge James E. Boasberg on 6/10/2013. (lcjeb3) (Entered: 06/10/2013)
2013-06-11Set/Reset Hearings: The Status Conference set for 6/12/2013 at 9:30 AM is hereby VACATED and RESCHEDULED for 7/15/2013 at 10:15 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 06/11/2013)
2013-07-1136Joint MOTION to Continue Status Conference by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 07/11/2013)
2013-07-12MINUTE ORDER granting 36 Motion to Continue. The Court hereby ORDERS that the Motion is GRANTED and that the Status Hearing previously set for July 15, 2013, is VACATED and RESCHEDULED for July 24, 2013, at 9:30 a.m. in Courtroom #19. Signed by Judge James E. Boasberg on 7/12/2013. (lcjeb3) (Entered: 07/12/2013)
2013-07-12Set/Reset Hearings: Status Hearing RESCHEDULED for 7/24/2013 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (tg, ) (Entered: 07/12/2013)
2013-07-2337Joint MOTION to Continue Status Conference by AMERICAN IMMIGRATION COUNCIL (Grant, Michelle) (Entered: 07/23/2013)
2013-07-23MINUTE ORDER granting 37 Motion to Continue Status Conference. The Court hereby ORDERS that the Status Conference previously set for July 24, 2013, is hereby VACATED and RESCHEDULED for August 27, 2013, at 9:30 a.m. in Courtroom #19. Signed by Judge James E. Boasberg on 7/23/2013. (lcjeb3) (Entered: 07/23/2013)
2013-07-24Set/Reset Hearings: The Status Conference set for 7/24/2013 at 9:30 AM is hereby VACATED and RESCHEDULED for 8/27/2013 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 07/24/2013)
2013-08-27Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 8/27/2013. (Order forthcoming). (Court Reporter Lisa Griffith) (ad) (Entered: 08/27/2013)
2013-08-27MINUTE ORDER: As discussed at today's status conference, the Court ORDERS that: 1) By September 10, 2013, the parties shall file a joint status report indicating the status of the remaining few contested documents; 2) If the issue has been resolved, the parties will propose to file another status report 30 days thereafter regarding attorney fees; and 3) If the issue has not been resolved, the parties shall propose a briefing schedule for its resolution. Signed by Judge James E. Boasberg on 08/27/2013. (lcjeb3) (Entered: 08/27/2013)
2013-08-27Set/Reset Deadline: By 9/10/2013, the parties shall file a joint status report indicating the status of the remaining few contested documents. (ad) (Entered: 08/27/2013)
2013-09-1038STATUS REPORT (Joint) by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 09/10/2013)
2013-09-1039Joint MOTION for Briefing Schedule by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 09/10/2013)
2013-09-11MINUTE ORDER GRANTING Parties' Joint 39 Motion for Briefing Schedule. The following schedule will govern further proceedings in this case: (1) Defendants will file a Motion for Summary Judgment on or before October 10, 2013; (2) Plaintiff will file an Opposition to Defendants' Motion for Summary Judgment on or before November 8, 2013; (3) Defendants will file a Reply on or before November 22, 2013. Signed by Judge James E. Boasberg on 09/11/2013. (lcjeb3) (Entered: 09/11/2013)
2013-09-11Set/Reset Deadlines: Defendants will file a Motion for Summary Judgment on or before 10/10/2013; Plaintiff will file an Opposition to Defendants' Motion for Summary Judgment on or before 11/08/2013; Defendants will file a Reply on or before 11/22/2013. (ad) (Entered: 09/11/2013)
2013-10-0140Consent MOTION to Stay , Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 10/01/2013)
2013-10-01MINUTE ORDER GRANTING Defendant's 40 Consent Motion to Stay and 40 Consent Motion for Extension of Time. Upon the approval of funding for the Department of Justice and the Department of Homeland Security, Defendant shall have two weeks in which to file a motion for summary judgment in this matter. Signed by Judge James E. Boasberg on 10/1/2013. (lcjeb3) (Entered: 10/01/2013)
2013-10-01Case Stayed. (tg, ) (Entered: 10/01/2013)
2013-10-18MINUTE ORDER: The Court ORDERS that the Stay is LIFTED. Signed by Judge James E. Boasberg on 10/18/2013. (lcjeb3) (Entered: 10/18/2013)
2013-11-0141Consent MOTION for Extension of Time to File Dispositive Motion by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 11/01/2013)
2013-11-01MINUTE ORDER GRANTING Defendants' Consent 41 Motion for Extension of Time to File Dispositive Motion. The Court ORDERS that Defendants shall file a dispositive motion in this case on or before November 5, 2013. Signed by Judge James E. Boasberg on 11/1/2013. (lcjeb3) (Entered: 11/01/2013)
2013-11-04Set/Reset Deadline: Defendants shall file a dispositive motion in this case on or before 11/5/2013. (ad) (Entered: 11/04/2013)
2013-11-0542MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Borum, Marian) (Entered: 11/05/2013)
2013-12-0543Memorandum in opposition to re 42 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Declaration Michelle Grant with Exhibit A and B, # 2 Declaration Brittney Nystrom with Exhibit A, # 3 Text of Proposed Order)(Grant, Michelle) (Entered: 12/05/2013)
2013-12-2044REPLY to opposition to motion re 42 MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 12/20/2013)
2013-12-2345ERRATA by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY 44 Reply to opposition to Motion filed by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Borum, Marian) (Entered: 12/23/2013)
2014-02-25MINUTE ORDER: The Court believes that an in camera review of certain documents will assist in its analysis. As a result, the Court ORDERS that by February 27, 2014, Defendants shall produce to the Court redacted and unredacted copies of the seven disputed records listed in Plaintiff's 43 Opposition brief, pages 4 and 5. Signed by Judge James E. Boasberg on 2/25/14. (lcjeb1) (Entered: 02/25/2014)
2014-02-25Set/Reset Deadline: By 2/27/2014, Defendants shall produce to the Court redacted and unredacted copies of the seven disputed records listed in Plaintiff's 43 Opposition brief, pages 4 and 5. (ad) (Entered: 02/25/2014)
2014-03-2146ORDER: As set forth in the accompanying Memorandum Opinion, the Court ORDERS that: (1) Defendants' 42 Motion for Summary Judgment is GRANTED; and (2) Judgment is ENTERED in favor of Defendants. Signed by Judge James E. Boasberg on 3/21/14. (lcjeb1) (Entered: 03/21/2014)
2014-03-2147MEMORANDUM OPINION re 46 Order. Signed by Judge James E. Boasberg on 3/21/14. (lcjeb1) (Entered: 03/21/2014)
2014-03-2448CLERK'S JUDGMENT in favor of Defendants, UNITED STATES DEPARTMENT OF HOMELAND SECURITY and U.S. CUSTOMS AND BORDER PROTECTION against Plaintiff AMERICAN IMMIGRATION COUNCIL, entered on 3/24/2014. (tg, ) (Entered: 03/24/2014)
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