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Case TitleROJAS-VEGA v. UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02291
Date Filed2016-11-14
Date Closed2018-03-26
JudgeJudge Amy Berman Jackson
PlaintiffDANY A. ROJAS-VEGA
Case DescriptionDany Rojas-Vegas submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning his earlier immigration proceedings. Dissatisfied with the agency's response, Rojas-Vegas filed an administrative appeal. Dissatisfied with that response as well, Rojas-Vegas filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT
DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
TERMINATED: 03/26/2018
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantBOARD OF IMMIGRATION APPEALS
DefendantBOARD OF IMMIGRATION APPEALS
TERMINATED: 07/18/2017
AppealD.C. Circuit 17-5199
AppealD.C. Circuit 18-5082
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-141COMPLAINT against BOARD OF IMMIGRATION APPEALS, DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT (Filing fee $ 0.00) filed by DANY A. ROJAS-VEGA. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 11/18/2016)
2016-11-142MOTION for Leave to Proceed in forma pauperis by DANY A. ROJAS-VEGA (jf) (Entered: 11/18/2016)
2016-11-14FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED" Signed by Judge Randolph D. Moss on 11/10/2016. (jf) (Entered: 11/18/2016)
2016-11-143NOTICE OF RELATED CASE. Case related to Case No. 13-1540. (jf) (Entered: 11/18/2016)
2016-11-144MOTION for CM/ECF Password by DANY A. ROJAS-VEGA (jf) (Entered: 11/18/2016)
2016-11-215SUMMONS (6) Issued as to BOARD OF IMMIGRATION APPEALS, DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT, U.S. Attorney and U.S. Attorney General (jd) (Entered: 11/21/2016)
2016-11-21MINUTE ORDER: It is hereby ORDERED that plaintiff's Motion for Leave to File Documents Electronically 4 is GRANTED. Plaintiff is reminded that he is responsible for monitoring his e-mail account, retrieving electronic filings, and ensuring the accuracy of the official docket entry generated by the CM/ECF software. Plaintiff shall limit his electronic filings to documents that are relevant and required by Court Order, the Federal Rules of Civil Procedure, and the Local Civil Rules of this Court, and shall refrain from filing documents that are frivolous, vexatious or harassing. Signed by Judge Amy Berman Jackson on 11/21/16. (ms) (Entered: 11/21/2016)
2016-11-216EXHIBITS by DANY A. ROJAS-VEGA re 1 Complaint, (Attachments: # 1 Exhibit A, # 2 Exhibit 1,2,3, # 3 Exhibit 4, # 4 Exhibit 5)(zrdj) (Entered: 11/22/2016)
2016-11-247Proposed MOTION Grant submission of Pretrial Request Letter a six (6) page Request a Copy of the Transcripts To Case No.: M-707038 In Federal Possession, and supporting Exhibits 1-12 and TABLE OF EXHIBITS re 1 Complaint, FREEDOM OF INFORMATION ACT (FOIA)/ PRIVACY ACT (PA) COMPLAINT AND, FOR DECLARATORY RELIEF by DANY A. ROJAS-VEGA (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit (Exhibit 6) TABLE OF EXHIBITS (16-cv-02291-ABJ), # 3 Exhibit (Exhibit 6) PRETRIAL STATE DEMAND LETTER, # 4 Exhibit (Exhibit 6-1) Exhibits 1-12 In Supp. PRETRIAL STATE DEMAND LETTER 06-22-2015)(ROJAS-VEGA, DANY) (Entered: 11/24/2016)
2016-11-28MINUTE ORDER: Plaintiff's motion 7 , which the Court construes as one to attach additional exhibits to his complaint, is hereby granted. Signed by Judge Amy Berman Jackson on 11/28/16. (ms) (Entered: 11/28/2016)
2016-11-288EXHIBITS by DANY A. ROJAS-VEGA re 1 Complaint, (Attachments: # 1 (Exhibit 6) PRETRIAL STATE DEMAND LETTER, # 2 (Exhibit 6-1) Exhibits 1-12 In Supp. PRETRIAL STATE DEMAND LETTER)(znmw) (Entered: 11/29/2016)
2016-12-089RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 12/6/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/29/2016. (jf) (Entered: 12/09/2016)
2016-12-3010RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 12/21/2016; UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT served on 12/21/2016 (jf) (Entered: 01/03/2017)
2017-01-0511MOTION for Extension of Time to Respond to Complaint by BOARD OF IMMIGRATION APPEALS, DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT (Truong, John) (Entered: 01/05/2017)
2017-01-0612RESPONSE (Opposition) re 11 MOTION for Extension of Time to Respond to Complaint filed by DANY A. ROJAS-VEGA. (ROJAS-VEGA, DANY) Modified text on 1/6/2017 (td). (Entered: 01/06/2017)
2017-01-06MINUTE ORDER: The Court has considered defendants' motion for an extension of time and plaintiff's opposition, and hereby grants defendants' 11 motion. Their answer or other response to the complaint is due by February 6, 2017 Signed by Judge Amy Berman Jackson on 1/6/17. (ms) (Entered: 01/06/2017)
2017-01-0813MOTION to Take Judicial Notice of exhibits, case laws, dates, events, INS offiical authority and other issues by DANY A. ROJAS-VEGA (Attachments: # 1 Proposed Order, # 2 Exhibit INS requesting Exemplied Verision of Record from Sacremento, # 3 Exhibit State Judge Order Denying Help to Procure Transcripts in INS possession dated Nov 2003)(ROJAS-VEGA, DANY) (Entered: 01/08/2017)
2017-01-09Set/Reset Deadlines: Defendants' Answer or other Response to Plaintiff's Complaint is due by 2/6/2017. (jth) (Entered: 01/09/2017)
2017-01-2414MOTION to Appoint Counsel and supporting recording to ROJAS 1-21-14 Dept. 1 Audio mailed on CD-DVD format by DANY A. ROJAS-VEGA (Attachments: # 1 Exhibit Motion for appointment of Counsel in related case 13-cv-1540)(ROJAS-VEGA, DANY) (Entered: 01/24/2017)
2017-01-2415CERTIFICATE OF SERVICE by DANY A. ROJAS-VEGA Motion for Appointment of Counsel regading recording eo 1/21/2014 state hearing . (ROJAS-VEGA, DANY) (Main Document 15 replaced on 1/25/2017) (ztd). (Entered: 01/24/2017)
2017-02-0116ENTERED IN ERROR. . . . .MOTION for Leave to File Additional Documents In Support of Motion for Appointment of Counsel by DANY A. ROJAS-VEGA (Attachments: # 1 Exhibit December 2009 state appellate order, # 2 Exhibit Feb 25, 2010 Appellate Diviison Order Denying Transcripts of Proceedings as MOOT because counsel was assigned)(ROJAS-VEGA, DANY) Modified event and text on 2/2/2017 (td). Modified on 2/2/2017 (td). (Entered: 02/01/2017)
2017-02-0117Final MOTION for Leave to File Additional Documents in support of Motion for Appointment of Counsel to include motion to augment appelate record with transcripts of prior proceedings and orders by DANY A. ROJAS-VEGA (Attachments: # 1 Exhibit Plainitff's Motion for permission to Augment Appellate Record to Include Transcripts of Prior 1995 Proceedings, # 2 Exhibit December 29, 2009 granting Marsden Motion, # 3 Feburary 25, 2010 order denying transcripts as moot because new counsel was assigned to)(ROJAS-VEGA, DANY) Modified event and text on 2/2/2017 (td). (Entered: 02/01/2017)
2017-02-02NOTICE OF CORRECTED DOCKET ENTRY: re 16 MOTION for Leave to File was entered in error per plaintiff and he refiled said pleading as docket entry no. 17 . (td) (Entered: 02/02/2017)
2017-02-0318MOTION to Appoint Counsel by DANY A. ROJAS-VEGA (jf) (Entered: 02/06/2017)
2017-02-0619ANSWER to 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT.(Truong, John) (Entered: 02/06/2017)
2017-02-0620SUPPLEMENTAL MEMORANDUM to re 1 Complaint, filed by DANY A. ROJAS-VEGA. (td) (Entered: 02/07/2017)
2017-02-0621SUPPLEMENTAL MEMORANDUM to re 1 Complaint, filed by DANY A. ROJAS-VEGA. (td) (Entered: 02/07/2017)
2017-02-07MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion for Judicial Notice 13 and Motion for Leave of Court to File Additional Documents in Support of Motion for Appointment of Counsel 17 ], which the Court construes as motions to supplement the exhibits to his Complaint, are GRANTED. Signed by Judge Amy Berman Jackson on 2/6/17. (ms) (Entered: 02/07/2017)
2017-02-07MINUTE ORDER. 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 for the completion of its production of documents to plaintiff on or before March 7, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/7/2017. (lcabj3) (Entered: 02/07/2017)
2017-02-07MINUTE ORDER: Plaintiff shall await further instructions from the Court before filing any additional motions. The Court defers consideration of Plaintiff's motions to appoint counsel 18 14 until the Defendants file a dispositive motion. Signed by Judge Amy Berman Jackson on 2/7/17. (ms) (Entered: 02/07/2017)
2017-03-0722STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT. (Truong, John) (Entered: 03/07/2017)
2017-03-08MINUTE ORDER: On consideration of Defendants' Status Report, it is hereby ORDERED that defendants shall file their Motion for Summary Judgment by April 12, 2017; plaintiff shall file his Opposition and Cross-Motion for Summary Judgment by May 22, 2017; defendants shall file their Reply and opposition to Cross-Motion for Summary Judgment by June 12, 2017; plaintiff shall file his Reply by July 12, 2017. Signed by Judge Amy Berman Jackson on 3/7/17. (ms) (Entered: 03/08/2017)
2017-03-10Set/Reset Deadlines: Defendants Motion for Summary Judgment is due by 4/12/2017; Plaintiff's Opposition and Cross-Motion for Summary Judgment is due by 5/22/2017; Defendants Reply and Cross-Opposition is due by 6/12/2017; Plaintiff's Cross-Reply is due by 7/12/2017. (jth) (Entered: 03/10/2017)
2017-04-1023MOTION to Modify March 8, 2017 Scheduling Order by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT (Truong, John) (Entered: 04/10/2017)
2017-04-1024MOTION for Leave to File Opposition to Government's Modification of Briefing Schedule re 23 MOTION to Modify March 8, 2017 Scheduling Order filed by DANY A. ROJAS-VEGA. (Attachments: # 1 Exhibit Excerpts of Agency Proceedings and IJ's Oral Decision 2004)(ROJAS-VEGA, DANY) Modified on 4/11/2017 to correct docket event/text (jf). (Entered: 04/10/2017)
2017-04-11MINUTE ORDER granting 23 Motion to Modify. Upon consideration of defendants' motion and plaintiff's objection, the Court grants the motion to modify the scheduling order. It is ORDERED that defendants' motion for summary judgment is due May 17, 2017, plaintiff's opposition and cross-motion for summary judgment is due June 26, 2017, defendants' reply and cross-opposition is due July 3, 2017, and plaintiff's reply is due August 2, 2017. Signed by Judge Amy Berman Jackson on 4/11/17. (DMK) (Entered: 04/11/2017)
2017-04-11Set/Reset Deadlines: Defendants' Motion for Summary Judgment is due 5/17/2017, Plaintiff's Opposition and Cross-Motion for Summary Judgment is due 6/26/2017, Defendants' Reply and Cross-Opposition is due 7/3/2017, Plaintiff's Cross-Reply is due 8/2/2017. (jth) (Entered: 04/11/2017)
2017-05-1525NOTICE OF SUBSTITUTION OF COUNSEL by Scott Leeson Sroka on behalf of All Defendants Substituting for attorney John Truong (Sroka, Scott) (Entered: 05/15/2017)
2017-05-1726MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Declaration of Matthew Riley, # 3 Exhibit A - Vaughn Index)(Sroka, Scott) (Entered: 05/17/2017)
2017-05-1827ORDER denying without prejudice the plaintiff's 14 18 motions to appoint counsel. Signed by Judge Amy Berman Jackson on 5/18/17. (ms) (Entered: 05/18/2017)
2017-05-18MINUTE ORDER: Plaintiff's 24 Motion for Leave to File an opposition to defendants' motion to modify the briefing schedule is denied. Signed by Judge Amy Berman Jackson on 5/18/17. (ms) (Entered: 05/18/2017)
2017-05-1828Order advising the plaintiff to respond by 6/26/2017 to 26 Defendants' Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 5/18/17. (ms) (Entered: 05/18/2017)
2017-05-1929Unopposed MOTION for Order Directing U.S. Marhsals to File Return Receipt or Serve Board of Immigration Appeals with Summons and Complaint (Doc. 5 p. 4) by DANY A. ROJAS-VEGA (ROJAS-VEGA, DANY) (Entered: 05/19/2017)
2017-05-2630MOTION to Modify April 11, 2017 BrIiefing Schedule and Notice by DANY A. ROJAS-VEGA (ROJAS-VEGA, DANY) (Entered: 05/26/2017)
2017-06-02MINUTE ORDER: Plaintiff's opposition to the United States Immigration and Customs Enforcement's motion to dismiss and cross-motion are due by June 26, 2017. Plaintiff notes, and review of the docket confirms, that proof of service on defendant Board of Immigration Appeals has not been returned. For this reason, plaintiff moves to revise the briefing schedule to allow time for service of process on the BIA and the filing of its response to the complaint. But defendant's pending summary judgment motion pertains only to the sufficiency of ICE's response to plaintiff's FOIA requests, and plaintiff's opposition or other response to this motion does not depend on BIA's response to the complaint. Plaintiff's Notice and Motion for Modification of April 11, 2017 Scheduling Order 30 is GRANTED IN PART, and the schedule set forth in the Court's April 11, 2017 minute order is VACATED IN PART. The Court hereby extends plaintiff's opposition/cross-motion deadline to July 17, 2017, extends ICE's reply/opposition deadline to August 7, 2017, and extends plaintiff' reply deadline to August 28, 2017. Signed by Judge Amy Berman Jackson on 6/2/17. (ms) (Entered: 06/02/2017)
2017-06-0831MOTION to Compel ICE to Produce CD that final response stated was enclosed and Digital Image of Enevlope Fed-Ex;d to Plaintff by DANY A. ROJAS-VEGA (Attachments: # 1 Exhibit ICE final response, # 2 Exhibit FedEx return tracking # 786 259 3300 70)(ROJAS-VEGA, DANY) (Entered: 06/08/2017)
2017-06-13Set/Reset Deadlines: The Court hereby extends plaintiff's opposition/cross-motion deadline to 7/17/2017, extends ICE's reply/opposition deadline to 8/7/2017, and extends plaintiff' cross-reply deadline to 8/28/2017. (jth) (Entered: 06/13/2017)
2017-06-2132ENTERED IN ERROR. . . . .Proposed MOTION for Order To Compel , MOTION for Leave to File , MOTION Modify relief to instruct ICE to email Plaintiff Digital Image of Envelope FED-EX'd to Plaintff re 31 MOTION to Compel ICE to Produce CD that final response stated was enclosed and Digital Image of Enevlope Fed-Ex;d to Plaintff , Cross MOTION to Modify by DANY A. ROJAS-VEGA (ROJAS-VEGA, DANY) Modified on 6/23/2017 (td). (Entered: 06/21/2017)
2017-06-2233ERRATA by DANY A. ROJAS-VEGA 31 MOTION to Compel ICE to Produce CD that final response stated was enclosed and Digital Image of Enevlope Fed-Ex;d to Plaintff filed by DANY A. ROJAS-VEGA. (td) (Entered: 06/22/2017)
2017-06-22NOTICE OF CORRECTED DOCKET ENTRY: 32 was entered in error and said pleading was refiled as docket entry no. 33 . (ztd) (Entered: 06/22/2017)
2017-07-1034MOTION for Preliminary Injunction against ICE prohibiting ICE from altering, destroying, removing, transferring or removing the state transcripts to plaintiffs change of plea proceedings in case no. M707038 during the pendency of this case by DANY A. ROJAS-VEGA (Attachments: # 1 Memorandum in Support of Preliminary Injunction, # 2 Exhibit CE aknowledgement June 13, 2016,Notice of Referral via email Request letters May & June Request, final response, appeal, & denial od appeal, # 3 Exhibit (Doc. 34-3) DHS requesting exmplied record, State Order purging of file,, BIA reconstruction of File, BIA denying Subpoena, # 4 Exhibit (Doc. 34-4I CE 2008 referral, FOIA exhibits 6-10)(ROJAS-VEGA, DANY) (Entered: 07/10/2017)
2017-07-1235ERRATA Errata, Preliminary Injunction & Proposed Order by DANY A. ROJAS-VEGA. (Attachments: # 1 Memorandum in Support (Doc. 35-1) Memo & Points In Support of Preliminary Injunction (2), # 2 Statement of Facts (Doc. 35-2) Statement of Facts In Support of Preliminary Injunction, # 3 Declaration (Doc. 35-3) Pl's Declaration of Dany Rojas-Vega' In Supp of Preliminary Injunction, # 4 Exhibit (Doc. 35-4) IICE 2008 referral to USCIS, FOIA Exhibits, # 5 Exhibit (Doc. 35-5) 2016, ICE-FOIA Request. Responses & Appeal, # 6 Exhibit (Doc. 35-6) State, BIA Finding Missing Tapes, Motions, Order in Files,...)(ROJAS-VEGA, DANY) (Entered: 07/12/2017)
2017-07-1736Memorandum in opposition to re 26 MOTION for Summary Judgment filed by DANY A. ROJAS-VEGA. (Attachments: # 1 Memorandum in Support (36-1) Memo & Authies, Mot. For Discovery, Proposed Order, # 2 Statement of Facts (Doc. 36-2) Statement of Facts In Supp. of Cross -Summary Judgment, # 3 Declaration (Doc. 36-3) Pl's Decla' In Supp of Cross-MOt. for Summ Judgement, # 4 Exhibit (Doc. 36-4) USCIS FOIA and STATE EXHIBITS in Support of Cross-Mot. for Summ Judgement)(ROJAS-VEGA, DANY) (Entered: 07/17/2017)
2017-07-1738Cross MOTION for Summary Judgment by DANY A. ROJAS-VEGA. (See Docket Entry 36 to view document) (jf) (Entered: 07/18/2017)
2017-07-1837ORDER denying Plaintiff's 29 Motion for Order on U.S. Marshals to Effectuate Summons and Complaint or File Original Return Receipt Showing Service on the Board of Immigration Appeals, 31 Notice and Motion to Compel, and 34 Notice and Motion for Leave of Court to File Injunction Prohibiting ICE from Destroying Records, Documents Responsive to Plaintiff's Specific Request [or] in the Alternative Enjoining ICE from Continuing to Withhold Responsive Request. Signed by Judge Amy Berman Jackson on 7/18/17. (ms) (Entered: 07/18/2017)
2017-07-1939MOTION to Amend/Correct 1 Complaint FOIA/PA COMPLAINT , MOTION to Modify Briefing Schedule by DANY A. ROJAS-VEGA (Attachments: # 1 Declaration (Doc. 38-1) Delcaration of Dany Rojas-Vega In Support of Motion to file First Amended Complaint and Extension of Time)(ROJAS-VEGA, DANY) Modified event title on 7/20/2017 (znmw). (Entered: 07/19/2017)
2017-07-2840First MOTION to Amend/Correct 1 Complaint, by DANY A. ROJAS-VEGA (Attachments: # 1 Memorandum in Support Complaint, # 2 Exhibit 2016 FOIA request, appeal, responses, iCE's database printouts, # 3 Exhibit Excerpts of 2004 Removal Proceedings & IJ's Oral decision)(ROJAS-VEGA, DANY). Added MOTION to Vacate on 7/31/2017 (znmw). (Entered: 07/28/2017)
2017-08-0741REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT. (Sroka, Scott) (Entered: 08/07/2017)
2017-08-0742Memorandum in opposition to re 38 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT. (Sroka, Scott) (Entered: 08/07/2017)
2017-08-07MINUTE ORDER: By August 18, 2017, Defendant shall file its opposition or other response to 40 Plaintiff's Notice of Filing First Amended Complaint and Request to Vacate June 02, 2017 Minute Order, Modify Briefing Schedule and 39 Plaintiff's Motion for Leave to File First Amended Complaint and Vacate June 02, 2017 Minute Order, Modify Briefing Schedule. Signed by Judge Amy Berman Jackson on 8/7/17. (ms) (Entered: 08/07/2017)
2017-08-07Set/Reset Deadlines: Defendant shall file by 8/18/2017 its opposition or other response to 40 Plaintiff's Notice of Filing First Amended Complaint and Request to Vacate 6/2/2017 Minute Order, Modify Briefing Schedule and 39 Plaintiff's Motion for Leave to File First Amended Complaint and Vacate 6/2/2017 Minute Order, and Modify Briefing Schedule. (jth) (Entered: 08/07/2017)
2017-08-1743MOTION for Extension of Time to File Response/Reply as to 40 First MOTION to Amend/Correct 1 Complaint, MOTION to Vacate, 39 First MOTION to Amend/Correct 1 Complaint, FOIA/PA COMPLAINT MOTION to Modify by UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT (Sroka, Scott) (Entered: 08/17/2017)
2017-08-1744RESPONSE re 43 MOTION for Extension of Time to File Response/Reply as to 40 First MOTION to Amend/Correct 1 Complaint, MOTION to Vacate, 39 First MOTION to Amend/Correct 1 Complaint, FOIA/PA COMPLAINT MOTION to Modify filed by DANY A. ROJAS-VEGA. (ROJAS-VEGA, DANY) (Entered: 08/17/2017)
2017-08-18MINUTE ORDER: Defendants' 43 unopposed Motion for Extension of Time is granted, and the response to Plaintiffs' motion to amend the complaint 39 40 is due by 8/25/2017. Signed by Judge Amy Berman Jackson on 8/17/17. (ms) (Entered: 08/18/2017)
2017-08-2345REPLY to Opposition re 38 MOTION for Summary Judgment Direct ICE to Search ICE San Diego Branch Offfice , Second MOTION for Discovery to Discover where Defendants may have wrongfully, removed, transferred to whatever storage or bailee like storage, or discarded or unlawfully destroyed responsive records in the processes of referring request to USCIS for processing by DANY A. ROJAS-VEGA (Attachments: # 1 Exhibit (Doc, 45-2) Exhibits BIA Order Denying Unopposed Duces Tecom (34-3) and Mot. Dcues Tecum 2004, # 2 Exhibit (Doc. 45-3) May 30, 2016, email, and Requests, # 3 Exhibit (Doc. 45-4 ), Excerpts to 2003 agency hearings and IJ's Oral decision)(ROJAS-VEGA, DANY) Modified event title on 8/24/2017 (znmw). (Entered: 08/23/2017)
2017-08-2546Memorandum in opposition to re 40 First MOTION to Amend/Correct 1 Complaint, MOTION to Vacate, 39 First MOTION to Amend/Correct 1 Complaint, FOIA/PA COMPLAINT MOTION to Modify filed by UNITED STATES IMMIGRATION AND CUSTOM ENFORCEMENT. (Sroka, Scott) (Entered: 08/25/2017)
2017-08-2747RESPONSE re 40 First MOTION to Amend/Correct 1 Complaint, MOTION to Vacate, 39 First MOTION to Amend/Correct 1 Complaint, FOIA/PA COMPLAINT MOTION to Modify filed by DANY A. ROJAS-VEGA. (Attachments: # 1 Declaration (Doc. 47-1) Declaration of Dany Rojas In Support of Motions to Amend and In Opposition to Def's Reply 45 , # 2 Exhibit (Doc. 47-2) Gmail - Leave to Amend Dated July 19, 2017)(ROJAS-VEGA, DANY) (Entered: 08/27/2017)
2017-08-28MINUTE ORDER: Plaintiff's motions to amend his complaint, modify the scheduling order, and for discovery 39 39 40 40 45 are denied. This action proceeds under the Freedom of Information Act against U.S. Immigration and Customs Enforcement. The claims Plaintiff intends to add are not related to the FOIA claim and their inclusion would alter the nature and scope of this case. Plaintiff shall refrain from filing any additional documents pending the Court's ruling on the parties' cross-motions for summary judgment. Signed by Judge Amy Berman Jackson on 8/28/17. (ms) (Entered: 08/28/2017)
2017-08-2848NOTICE OF INTERLOCUTORY APPEAL by DANY A. ROJAS-VEGA. Fee Status: No Fee Paid. Parties have been notified. (ROJAS-VEGA, DANY) (Entered: 08/28/2017)
2017-08-2949Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Fee was not paid because it was filed In Forma Pauperis re 48 Notice of Interlocutory Appeal. (znmw) (Entered: 08/29/2017)
2017-09-05USCA Case Number 17-5199 for 48 Notice of Interlocutory Appeal filed by DANY A. ROJAS-VEGA. (zrdj) (Entered: 09/07/2017)
2018-02-1350MANDATE of USCA as to 48 Notice of Interlocutory Appeal filed by DANY A. ROJAS-VEGA ; USCA Case Number 17-5199. (Attachments: # 1 USCA Order)(td) (Entered: 02/23/2018)
2018-03-2651MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 3/26/18. (ms) (Entered: 03/26/2018)
2018-03-2652ORDER granting 26 defendants' Motion for summary judgment and denying 38 plaintiff's cross-motion for summary judgment. This is a final appealable Order. Signed by Judge Amy Berman Jackson on 3/26/18. (ms) (Entered: 03/26/2018)
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