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Case TitleGelb v. United States Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv06495
Date Filed2015-08-18
Date Closed2017-09-18
JudgeJudge Robert W. Sweet
PlaintiffBernard Gelb
Case DescriptionBernard Gelb submitted FOIA requests to a number of components of the Department of Homeland Security for records of a list of unclaimed money collected by the agency. Each component referred Gelb's request to another component. Gelb filed an administrative appeal, which the agency denied. Gelb then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Department of Homeland Security - Under Secretary for Management
DefendantUnited States Citizenship and Immigration Services
DefendantUnited States Immigration and Customs Enforcement
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-181COMPLAINT against Citizenship and Immigration Services (USCIS), Customs Enforcement, Dept of Homeland Security, Dept of Homeland Security. (Filing Fee $ 400.00, Receipt Number 0208-11287228)Document filed by Bernard Gelb. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Batista, Paul) (Entered: 08/18/2015)
2015-08-182CIVIL COVER SHEET filed. (Batista, Paul) (Entered: 08/18/2015)
2015-08-183RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bernard Gelb.(Batista, Paul) (Entered: 08/18/2015)
2015-08-184REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 08/18/2015)
2015-08-185REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 08/18/2015)
2015-08-186REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 08/18/2015)
2015-08-187REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 08/18/2015)
2015-08-19***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Paul Amandio Batista to RE-FILE re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Parties on docket do not match parties on complaint. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. 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. (rch) (Entered: 08/19/2015)
2015-08-19***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 4 Request for Issuance of Summons, 7 Request for Issuance of Summons, 6 Request for Issuance of Summons, 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Case caption does not match complaint. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch) (Entered: 08/19/2015)
2015-08-19***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Amandio Batista. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Queens. (rch) (Entered: 08/19/2015)
2015-08-19CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. 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 . (rch) (Entered: 08/19/2015)
2015-08-19Magistrate Judge Henry B. Pitman is so designated. (rch) (Entered: 08/19/2015)
2015-08-19Case Designated ECF. (rch) (Entered: 08/19/2015)
2015-08-19ADD PARTY FOR PLEADING. Party Bernard Gelb added.Party added pursuant to 1 Complaint,,. Document filed by Bernard Gelb. Related document: 1 Complaint,, filed by Bernard Gelb.(Batista, Paul) (Entered: 08/19/2015)
2015-08-198REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 08/19/2015)
2015-08-199REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 08/19/2015)
2015-08-1910REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security - Under Secretary for Management, re: 1 Complaint,,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 08/19/2015)
2015-08-1911REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 08/19/2015)
2015-08-1912ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (rch) (Entered: 08/19/2015)
2015-08-1913ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services. (rch) (Entered: 08/19/2015)
2015-08-1914ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security - Under Secretary for Management. (rch) (Entered: 08/19/2015)
2015-08-1915ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (rch) (Entered: 08/19/2015)
2015-11-0616NOTICE OF APPEARANCE by Michael James Byars on behalf of United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. (Byars, Michael) (Entered: 11/06/2015)
2015-11-1017LETTER MOTION for Extension of Time to File Answer addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated November 10, 2015. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 11/10/2015)
2015-11-1018ORDER granting 17 Letter Motion for Extension of Time to Answer. So ordered. (United States Citizenship and Immigration Services answer due 12/11/2015.) (United States Department of Homeland Security answer due 12/11/2015.) (United States Department of Homeland Security - Under Secretary for Management answer due 12/11/2015.) (United States Immigration and Customs Enforcement answer due 12/11/2015.). (Signed by Judge Robert W. Sweet on 11/10/2015) (spo) (Entered: 11/13/2015)
2015-12-0919SECOND LETTER MOTION for Extension of Time to File Response/Reply to the Complaint addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated December 9, 2015. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 12/09/2015)
2015-12-1120ORDER granting 19 SECOND LETTER MOTION for Extension of Time to File Response/Reply to the Complaint until January 11, 2016 addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated December 9, 2015. So ordered. (Signed by Judge Robert W. Sweet on 12/10/2015) (adc) (Entered: 12/11/2015)
2015-12-11Set/Reset Deadlines: United States Citizenship and Immigration Services answer due 1/11/2016; United States Department of Homeland Security answer due 1/11/2016; United States Department of Homeland Security - Under Secretary for Management answer due 1/11/2016; United States Immigration and Customs Enforcement answer due 1/11/2016. (adc) (Entered: 12/11/2015)
2015-12-2121PRETRIAL ORDER. Initial Pretrial Conference set for 3/30/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 12/21/2015) (adc) (Entered: 12/21/2015)
2016-01-1122ANSWER to 1 Complaint,,. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 01/11/2016)
2016-03-2223LETTER MOTION to Adjourn Conference presently scheduled for March 30, 2016, addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated March 22, 2016. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 03/22/2016)
2016-03-2324ORDER granting 23 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 3/23/2016) (spo) (Entered: 03/23/2016)
2016-03-2325ORDER. Please be advised that the conference scheduled for 3/30/2016 has been rescheduled to 5/18/2016 at 4:00pm in Courtroom 18C. Please notify opposing counsel of the change. So ordered. (Conference set for 5/18/2016 at 04:00 PM in Courtroom 18C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/23/2016) (rjm) (Entered: 03/24/2016)
2016-05-1326SECOND LETTER MOTION to Adjourn Conference presently scheduled for May 18, 2016, at 4:00 p.m. addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated May 13, 2016. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 05/13/2016)
2016-05-1627ORDER granting 26 SECOND LETTER MOTION to Adjourn Conference presently scheduled for May 18, 2016, at 4:00 p.m. addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated May 13, 2016. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. So ordered. The following deadline(s) was terminated: Initial Conference. (Signed by Judge Robert W. Sweet on 5/16/2016) (rjm) (Entered: 05/17/2016)
2016-05-1628ORDER. Please be advised that the conference scheduled for 5/18/16 has been rescheduled to 10/19/16 at 4:00 p.m. in Courtroom 18C. Please notify opposing counsel of the change. So ordered. (Conference set for 10/19/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 5/16/2016) (rjm) (Entered: 05/17/2016)
2016-09-3029AMENDED: Please be advised that the conference scheduled for 10-19-16 has been rescheduled to 10-25-16 at 12pm in Courtroom 18C. Please notify opposing counsel of the change. SO ORDERED. (Initial Conference set for 10/25/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/30/2016) (kko) (Entered: 09/30/2016)
2016-10-25Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 10/25/2016 (Chan, Tsz) (Entered: 10/25/2016)
2016-12-2930LETTER addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated December 29, 2016 re: parties' jointly proposed briefing schedule. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 12/29/2016)
2017-01-0531MEMO ENDORSEMENT on re: 30 LETTER addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated December 29, 2016 re: Parties' jointly proposed briefing schedule. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. ENDORSEMENT: So ordered. (Cross Motions due by 3/30/2017. Motions due by 2/28/2017. Responses due by 4/28/2017. Replies due by 5/19/2017.) (Signed by Judge Robert W. Sweet on 1/4/2017) (rjm) (Entered: 01/05/2017)
2017-02-2332LETTER MOTION for Extension of Time to file cross-motions for summary judgment addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated February 23, 2017. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 02/23/2017)
2017-02-2733ORDER granting 32 Letter Motion for Extension of Time. So ordered. Cross Motions due by 5/1/2017. Motions due by 3/30/2017. (Signed by Judge Robert W. Sweet on 2/24/2017) (mro) (Entered: 02/27/2017)
2017-02-27Set/Reset Deadlines: Responses due by 5/26/2017 Replies due by 6/16/2017. (mro) (Entered: 02/27/2017)
2017-03-3034LETTER MOTION for Extension of Time to File motion for summary judgment addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated March 30, 2017. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 03/30/2017)
2017-03-3035LETTER addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated March 30, 2017 re: request to withdraw ECF No. 34 as moot. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 03/30/2017)
2017-03-3036MOTION for Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. Responses due by 5/1/2017 Return Date set for 6/28/2017 at 11:00 AM.(Byars, Michael) (Entered: 03/30/2017)
2017-03-3037MEMORANDUM OF LAW in Support re: 36 MOTION for Summary Judgment . . Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. (Byars, Michael) (Entered: 03/30/2017)
2017-03-3038DECLARATION of Kevin Tyrrell in Support re: 36 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - FOIA request to DHS dated November 9, 2009, # 2 Exhibit B - E-mail referral dated November 25, 2009, # 3 Exhibit C - DHS acknowledgment letter dated November 26, 2009, # 4 Exhibit D - FOIA request to USM dated November 9, 2009 with tracker, # 5 Exhibit E - USM acknowledgment letter dated December 9, 2009, # 6 Exhibit F - Letter acknowledging appeals dated January 20, 2010, # 7 Exhibit G - Amended FOIA request to USM dated April 16, 2010 with tracker, # 8 Exhibit H - USM letter dated April 22, 2010 acknowledging amended FOIA request, # 9 Exhibit I - USM fee estimate letter dated May 4, 2010, # 10 Exhibit J - Denial of appeal from DHS referral to USM dated May 9, 2011)(Byars, Michael) (Entered: 03/30/2017)
2017-03-3039DECLARATION of Jill A. Eggleston in Support re: 36 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - FOIA request to USCIS dated November 9, 2009, # 2 Exhibit B - Acknowledgment letter dated November 19, 2009, # 3 Exhibit C - Appeal from classification of FOIA request as complex track dated November 24, 2009, # 4 Exhibit D - USCIS FOIA appeals office denial of appeal dated December 1, 2009, # 5 Exhibit E - USCIS letter referring plaintiff to ICE FOIA office dated January 8, 2010, # 6 Exhibit F - E-mail confirming amendment of FOIA request to $25,000 dated February 24, 2016)(Byars, Michael) (Entered: 03/30/2017)
2017-03-3040DECLARATION of Fernando Pineiro in Support re: 36 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - FOIA request to ICE dated November 9, 2009, # 2 Exhibit B - Acknowledgment letter dated November 19, 2009, # 3 Exhibit C - FOIA adminstrative appeal dated January 8, 2010, # 4 Exhibit D - ICE letter dated July 21, 2010 referring plaintiff to DHS, # 5 Exhibit E - Release cover letter dated May 27, 2016 with attached record, # 6 Exhibit F - ICE Vaughn)(Byars, Michael) (Entered: 03/30/2017)
2017-03-3041DECLARATION of AUSA Michael J. Byars in Support re: 36 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - Unpublished order of the Hon. Andrew L. Carter, Jr., entered September 17, 2015, in Gelb v. Federal Reserve Bank of New York, 12 Civ. 4880 (ECF No. 83))(Byars, Michael) (Entered: 03/30/2017)
2017-04-2842LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Robert W. Sweet from Paul Batista dated 4/28/17. Document filed by Bernard Gelb.(Batista, Paul) (Entered: 04/28/2017)
2017-05-0143ORDER granting 42 Letter Motion for Extension of Time to File Response/Reply re 36 MOTION for Summary Judgment : So ordered. (Responses due by 5/3/2017 Replies due by 5/28/2017.) (Signed by Judge Robert W. Sweet on 5/1/2017) (jwh) (Entered: 05/01/2017)
2017-05-0344LETTER MOTION for Extension of Time to complete briefing of parties' cross-motions for summary judgment and for oral argument addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated May 3, 2017. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement.(Byars, Michael) (Entered: 05/03/2017)
2017-05-0445ORDER granting 44 Letter Motion for Extension of Time: So ordered. (Cross Motions due by 5/10/2017.) (Signed by Judge Robert W. Sweet on 5/4/2017) (jwh) (Entered: 05/04/2017)
2017-05-04Set/Reset Deadlines as to 36 MOTION for Summary Judgment : Responses due by 6/9/2017, Replies due by 6/30/2017. Set/Reset Hearings: Oral Argument set for 7/12/2017 at 11:00 AM before Judge Robert W. Sweet. (jwh) (Entered: 05/04/2017)
2017-05-1046FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Partial Summary Judgment . Document filed by Bernard Gelb. Return Date set for 7/12/2017 at 10:00 AM. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Batista, Paul) Modified on 6/23/2017 (ldi). (Entered: 05/10/2017)
2017-05-1047MEMORANDUM OF LAW in Opposition re: 36 MOTION for Summary Judgment . . Document filed by Bernard Gelb. (Batista, Paul) (Entered: 05/10/2017)
2017-06-0948REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Summary Judgment . and in Opposition to Cross-Motion for Summary Judgment (ECF No. 46) . Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement. (Byars, Michael) (Entered: 06/09/2017)
2017-06-23***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Paul Amandio Batista to RE-FILE Document 46 CROSS MOTION for Partial Summary Judgment . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 06/23/2017)
2017-06-3049REPLY AFFIRMATION of Bernard Gelb in Support re: 46 CROSS MOTION for Partial Summary Judgment .. Document filed by Bernard Gelb. (Batista, Paul) (Entered: 06/30/2017)
2017-06-3050REPLY MEMORANDUM OF LAW in Support re: 46 CROSS MOTION for Partial Summary Judgment . . Document filed by Bernard Gelb. (Batista, Paul) (Entered: 06/30/2017)
2017-07-12Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 7/12/2017 re: 36 MOTION for Summary Judgment filed by United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services, United States Department of Homeland Security, 46 CROSS MOTION for Partial Summary Judgment filed by Bernard Gelb. Motion pending. (Chan, Tsz) (Entered: 07/13/2017)
2017-09-1551OPINION re: 36 MOTION for Summary Judgment filed by United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services, United States Department of Homeland Security, 34 LETTER MOTION for Extension of Time to File motion for summary judgment addressed to Judge Robert W. Sweet from AUSA Michael J. Byars dated March 30, 2017 filed by United States Department of Homeland Security - Under Secretary for Management, United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services, United States Department of Homeland Security. Based on the facts and conclusions set forth above, the Defendants' motion for summary judgment is granted, and the Plaintiff's cross-motion for summary judgment is denied. (Signed by Judge Robert W. Sweet on 9/15/2017) (mro) (Entered: 09/15/2017)
2017-09-15Transmission to Judgments and Orders Clerk. Transmitted re: 51 Memorandum & Opinion, to the Judgments and Orders Clerk. (mro) (Entered: 09/15/2017)
2017-09-1852CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion dated September 15, 2017, Defendants' motion for summary judgment is granted and the Plaintiff's cross-motion for summary judgment is denied. (Signed by Clerk of Court Ruby Krajick on 09/18/2017) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 09/18/2017)
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