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Case TitleBRENNAN CENTER FOR JUSTICE v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01609
Date Filed2016-08-08
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffBRENNAN CENTER FOR JUSTICE
Case DescriptionThe Brennan Center for Justice submitted a FOIA request to the Department of Homeland Security for records concerning the closure of immigration proceedings on national security grounds. U.S. Immigration and Customs Enforcement responded that it was referring the request to the Executive Office for Immigration Review at the Justice Department. The Brennan Center told ICE that it had already requested records from EOIR and that agency had suggested that ICE would have more records. ICE closed the request and the Brennan Center filed an appeal, asking the agency to conduct a search. As a result of the appeal, ICE conducted a search. It located 106 pages, but redacted 93 pages entirely under a variety of exemptions. The Brennan Center appealed that decision and ICE agreed to conduct another search. That search located 27 more pages, but only one page was disclosed. The Brennan Center once again appealed, but filed suit before the agency responded.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-081COMPLAINT for Injunctive and Declaratory Relief against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4631447) filed by BRENNAN CENTER FOR JUSTICE. (Attachments: # 1 Civil Cover Sheet, # 2 7.1 Certificate, # 3 Summons (DHS), # 4 Summons (Attorney General), # 5 Summons (U.S. Attorney))(Sobel, David) (Entered: 08/08/2016)
2016-08-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BRENNAN CENTER FOR JUSTICE (zsb) (Entered: 08/09/2016)
2016-08-09Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 08/09/2016)
2016-08-093SUMMONS Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 08/09/2016)
2016-10-144Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 10/14/2016)
2016-10-14MINUTE ORDER granting 4 Motion for Extension of Time to Answer. Defendant shall file its answer or otherwise respond to plaintiff's 1 complaint on or before October 28, 2016. Signed by Judge Amy Berman Jackson on 10/14/2016. (lcabj2) (Entered: 10/14/2016)
2016-10-20Set/Reset Deadlines: Defendant shall file its answer or otherwise respond to plaintiff's complaint by 10/28/2016. (jth) (Entered: 10/20/2016)
2016-10-275ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY. (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)(Kelly, Wynne) (Entered: 10/27/2016)
2016-10-286ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule according to which it will complete its production of documents to plaintiff on or before November 28, 2016. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/28/2016. (lcabj2) (Entered: 10/28/2016)
2016-11-287Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kelly, Wynne) (Entered: 11/28/2016)
2016-11-29MINUTE ORDER. In light of 7 the parties' joint status report, it is ORDERED that defendant shall complete its search, processing, and release of responsive documents by April 19, 2017. Defendant must produce to plaintiff approximately 350 pages per month on or before each of the following dates: December 19, 2016; January 19, 2017; February 21, 2017; March 20, 2017; and April 19, 2017. It is FURTHER ORDERED that the parties file a joint report by April 26, 2017 advising the Court of the status of the production of documents to plaintiff, and informing the Court whether further proceedings are necessary, with a proposed schedule if needed. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/29/16. (lcabj2) (Entered: 11/29/2016)
2016-11-29Set/Reset Deadlines: The parties are directed to file a Joint Report by 4/26/2017 advising the Court of the Status of the production of documents to plaintiff, and informing the Court whether further proceedings are necessary, with a proposed schedule if needed. (jth) (Entered: 11/29/2016)
2016-12-198Unopposed MOTION for Extension of Time to Make Its Production Due to Technical Difficulties by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 12/19/2016)
2016-12-19MINUTE ORDER granting 8 Motion for Extension of Time. Defendant shall make its next production, originally scheduled for December 19, 2016, by December 27, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/19/2016.(lcabj2) (Entered: 12/19/2016)
2017-04-069NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney AUSA Wynne P. Kelly (Hendry, Melanie) (Entered: 04/06/2017)
2017-04-2610Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 04/26/2017)
2017-04-27MINUTE ORDER. In light of 10 the parties' joint status report, the parties shall file a joint report by June 26, 2017 advising the Court of the status of the production of documents to plaintiff, and informing the Court whether further proceedings are necessary, with a proposed briefing schedule if needed. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/27/2017. (lcabj2) (Entered: 04/27/2017)
2017-06-2611Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 06/26/2017)
2017-06-27MINUTE ORDER. In light of 11 the parties' joint status report, it is ORDERED that defendant's motion for summary judgment is due on or before September 1, 2017; plaintiff's opposition/cross-motion is due on or before October 2, 2017; defendant's reply/cross-opposition is due on or before November 2, 2017; and plaintiff's cross-reply is due on or before November 20, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/27/2017. (lcabj2) (Entered: 06/27/2017)
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by FOIA Project Staff