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Case TitleAMERICAN IMMIGRATION LAWYERS ASSOCIATION v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02470
Date Filed2016-12-19
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffAMERICAN IMMIGRATION LAWYERS ASSOCIATION
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES 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 [30]
FOIA Project Annotation: Judge Trevor McFadden has ruled that U.S. Customs and Border Protection has not shown that it conducted an adequate search for records concerning instructions provided to customs officers at port-of-entry about the discontinuation of the Inspector's Field Manuel and the implementation of the Officer's Reference Tool. The American Immigration Lawyers Association requested the records and CBP produced a one-page memorandum and a one-page briefing document, a 25-page index of Chapter 11 of the ORT with 31 document titles redacted, and a one-page index of Chapter 12 of the ORT, explaining that only Chapters 11 and 12 had been drafted so far. The agency told McFadden that it had provided some additional records about the discontinuation of the IFM and that since no other portions of the ORT had yet been drafted, there were no other responsive records. McFadden found these statements insufficient, noting that "although the agency is not required to search every system if additional searches are unlikely to produce any marginal return, here, the Government utterly failed to describe the systems searched, much less why its method is 'reasonably calculated to uncover all relevant documents.'" In response to AILA's request for the drafted portions of the ORT, the agency contended that drafts contained only cross-references to other documents, but not the documents themselves, and, thus, the agency was not required to provide the cross-references. McFadden pointed out that "the Government's position is too clever by half. While it properly liberally construed AILA's request to produce a working substitute in lieu of its finalized manual, the Government adopted a hyper-technical approach to the contents of the manual. It is clear that AILA, as an organization that provides information about immigration issues and policy to the public, sought the Government's policies and procedures with respect to entry into the United States. Thus, a reading that constrains AILA's request merely to an index of applicable policies of documents, but not review, at minimum, of those policies of documents for responsiveness is too narrow. The Government is obligated to review and disclose responsive records " to include the underlying policies or documents that make up the ORT " unless the records fall into one of FOIA's statutory exemptions or there is another recognized legal objection to this disclosure."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-191COMPLAINT 1:16-cv-02470 against U.S. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-4781541) filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Crow, Melissa) (Entered: 12/19/2016)
2016-12-202NOTICE of Corrected Complaint by AMERICAN IMMIGRATION LAWYERS ASSOCIATION re 1 Complaint, (Crow, Melissa) (Entered: 12/20/2016)
2016-12-203MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Naikang Tsao, :Firm- Foley & Lardner LLP, :Address- 150 East Gilman Street P.O. Box 1497 Madison, Wisconsin 53701. Phone No. - (608) 258-4250. Filing fee $ 100, receipt number 0090-4782410. Fee Status: Fee Paid. by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Declaration)(Crow, Melissa) (Entered: 12/20/2016)
2016-12-21Case Assigned to Judge Tanya S. Chutkan. (sb) (Entered: 12/21/2016)
2016-12-214SUMMONS (4) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 12/21/2016)
2017-01-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/30/2016. (Attachments: # 1 Exhibit)(Crow, Melissa) (Entered: 01/25/2017)
2017-01-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/30/2016. Answer due for ALL FEDERAL DEFENDANTS by 1/29/2017. (Attachments: # 1 Exhibit)(Crow, Melissa) (Entered: 01/25/2017)
2017-01-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 12/29/2016 (Attachments: # 1 Exhibit)(Crow, Melissa) (Entered: 01/25/2017)
2017-01-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 12/29/2016 (Attachments: # 1 Exhibit)(Crow, Melissa) (Entered: 01/25/2017)
2017-01-279Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 01/27/2017)
2017-01-30MINUTE ORDER: Granting 9 Unopposed Motion for Extension of Time to File Answer. Defendants shall answer or otherwise respond to the complaint by March 6, 2017. Signed by Judge Tanya S. Chutkan on 1/30/17. (DJS) (Entered: 01/30/2017)
2017-02-01Set/Reset Deadlines: Answer due by 3/6/2017. (tb) (Entered: 02/01/2017)
2017-02-06MINUTE ORDER: Denying without prejudice 3 Motion for Admission Pro Hac Vice for: (1) failing to fully comply with Local Civil Rule 83.2(d)(4) which requires "a certification that the attorney [seeking admission] either HAS OR HAS NOT been DISCIPLINED by any bar, and if the attorney has been disciplined by any bar, the circumstances and details of the discipline"; and (2) failing to comply with Local Civil Rule 83.2(d)(6) which requires - even for attorneys whose offices are located outside Washington, D.C. - that the applicant's declaration set forth "whether the attorney, if the attorney engages in the practice of law from an office located in the District of Columbia, is a member of the District of Columbia Bar or has an application for membership pending." Signed by Judge Tanya S. Chutkan on 2/6/17. (DJS) (Entered: 02/06/2017)
2017-02-0610MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Naikang Tsao, :Firm- Foley & Lardner LLP, :Address- 150 East Gilman Street P.O. Box 1497 Madison, Wisconsin 53701. Phone No. - 608-258-4250. Filing fee $ 100, receipt number 0090-4832659. Fee Status: Fee Paid., Exparte by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Declaration)(Crow, Melissa) (Entered: 02/06/2017)
2017-02-16MINUTE ORDER: Granting 10 Motion for Leave to Appear Pro Hac Vice. Attorney Naikang Tsao is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 2/16/17. (DJS) (Entered: 02/16/2017)
2017-03-07MINUTE ORDER TO SHOW CAUSE: Plaintiff filed this action on 12/19/2016. It appears from the record that Plaintiff effectuated service of process on Defendants, who sought and were granted an extension of time through 3/6/17 to respond to the complaint. However, Defendants have yet to answer or otherwise respond to the complaint, nor have they sought another extension. Therefore, it is hereby ORDERED that Plaintiff SHOW CAUSE, in writing, by 3/10/17, why the claims against Defendants should not be dismissed. Plaintiff's failure to timely and satisfactorily respond to the present order by 3/10/17, may result in the dismissal of this action, without further notice, for failure to prosecute. See Local Civil Rule 83.23. Signed by Judge Tanya S. Chutkan on 3/7/17. (DJS) (Entered: 03/07/2017)
2017-03-0711Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 03/07/2017)
2017-03-08MINUTE ORDER: Granting 11 Consent Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by March 21, 2017. Signed by Judge Tanya S. Chutkan on 3/8/17. (DJS) (Entered: 03/08/2017)
2017-03-08Set/Reset Deadlines: Response to Show Cause due by 3/10/2017. (tb) (Entered: 03/08/2017)
2017-03-08MINUTE ORDER: Plaintiff's obligation to show case or seek default is hereby discharged in light of the extension granted to Defendant for time in which to respond to the complaint. Signed by Judge Tanya S. Chutkan on 3/8/17. (DJS) (Entered: 03/08/2017)
2017-03-09Set/Reset Deadlines: Answer due by 3/21/2017. (tb) (Entered: 03/09/2017)
2017-03-2112ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Adebonojo, Kenneth) (Entered: 03/21/2017)
2017-03-27MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 4/14/17. Signed by Judge Tanya S. Chutkan on 3/27/17. (DJS) (Entered: 03/27/2017)
2017-03-28Set/Reset Deadlines: Joint Status Report/Proposed Schedule and Order due by 4/14/2017. (tb) (Entered: 03/28/2017)
2017-04-1413Joint STATUS REPORT filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Scheduling Order, # 2 Text of Proposed Order Defendants' Proposed Scheduling Order)(Crow, Melissa) (Entered: 04/14/2017)
2017-04-19MINUTE ORDER: in light of the parties' joint submission and inability to agree on a proposed scheduling order, a status conference is hereby set for 4/25/17 at 11:00 AM in Courtroom 2. Signed by Judge Tanya S. Chutkan on 4/19/2017. (lctsc3) (Entered: 04/19/2017)
2017-04-20Set/Reset Hearings: Status Conference set for 4/25/2017 at 11:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (tb) (Entered: 04/20/2017)
2017-04-2414MOTION to Continue Status Conference by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 04/24/2017)
2017-04-24MINUTE ORDER: granting 14 Motion to Continue status conference. Status conference set for 4/25 is hereby rescheduled for 5/4/2017 at 11:30 AM in Courtroom 2. Signed by Judge Tanya S. Chutkan on 4/24/2017. (lctsc3) (Entered: 04/24/2017)
2017-05-04Minute Entry: Status Conference held on 5/4/2017 before Judge Tanya S. Chutkan: Parties shall continue meeting and conferring. Scheduling Order forthcoming. (Court Reporter Bryan Wayne) (tb) (Entered: 05/05/2017)
2017-06-0615Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 06/06/2017)
2017-06-0716MOTION for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Exhibit)(Adebonojo, Kenneth) (Entered: 06/07/2017)
2017-06-08MINUTE ORDER: Granting nunc pro tunc 15 Motion for Extension of Time to File Defendant's Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 6/8/17. (DJS) (Entered: 06/08/2017)
2017-06-22MINUTE SCHEDULING ORDER: Plaintiff's Response and, if necessary, Combined Cross-Motion due 7/13/17. Defendants' Reply and, if necessary, Combined Response due 8/7/17. Plaintiff's Reply, if necessary, due 8/22/17. Signed by Judge Tanya S. Chutkan on 6/22/17. (DJS) Modified on 6/22/2017 (DJS). (Entered: 06/22/2017)
2017-06-23Set/Reset Deadlines: Response and Cross Motion due by 7/13/2017. Reply and Response to Cross Motion due by 8/7/2017. Reply to Cross Motion due by 8/22/2017. (tb) (Entered: 06/23/2017)
2017-07-1317Memorandum in opposition to re 16 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Statement of Facts Plaintiff's Responses To Defendants Statement Of Material Facts, # 2 Statement of Facts Plaintiff's Statement Of Genuine Issues Of Material Fact, # 3 Text of Proposed Order Proposed Order)(Tsao, Naikang) (Entered: 07/13/2017)
2017-07-1318AFFIDAVIT re 17 Memorandum in Opposition, Declaration of Naikang Tsao by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Exhibit A, 3-13-17 Tsao Email to Adebonojo, # 2 Exhibit B, 3-17-17 Adebonojo Email Response to Tsao, # 3 Exhibit C, IMPLEMENTATION OF L-1 VISA REGULATIONS (Aug. 2013), # 4 Exhibit D, BARRIERS TO PROTECTION: THE TREATMENT OF ASYLUM SEEKERS IN EXPEDITED REMOVAL, # 5 Exhibit E, 6-15-17 ORT Chapter 11 index)(Tsao, Naikang) (Entered: 07/13/2017)
2017-07-1319AFFIDAVIT re 17 Memorandum in Opposition, Declaration of Betsy Lawrence by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Exhibit A, 3-1-17 Howard Email to Lawrence, # 2 Exhibit B, 25-Page Online Index of Chapter 11 of the ORT, # 3 Exhibit C, 1-Page Online Index of Chapter 12 of the ORT, # 4 Exhibit D, 4-19-17 Howard Email to Lawrence, # 5 Exhibit E, 6-15-17 Hoskins Email to Lawrence, # 6 Exhibit F, Revised 25-Page Online Index of Chapter 11 of the ORT)(Tsao, Naikang) (Entered: 07/13/2017)
2017-07-1320MOTION for Discovery by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order Proposed Order)(Tsao, Naikang) (Entered: 07/13/2017)
2017-07-2621Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Motion for Limited Discovery, ECF No. 20 by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 07/26/2017)
2017-07-27MINUTE ORDER: Granting 21 Consent Motion for Extension of Time to File Response. Defendants shall file their Opposition to Plaintiff's Motion for Limited Discovery 20 by August 7, 2017. Signed by Judge Tanya S. Chutkan on 7/27/17. (DJS) (Entered: 07/27/2017)
2017-08-01Set/Reset Deadlines: Defendants shall file their Opposition to Plaintiff's Motion for Limited Discovery by 8/7/2017. (jth) (Entered: 08/01/2017)
2017-08-0422MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Motion for Limited Discovery by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 08/04/2017)
2017-08-07MINUTE ORDER: Granting 22 Motion for Extension of Time to Reply/Response. Defendants shall file a Reply to Plaintiffs Opposition to Defendants Motion to Dismiss and Opposition to Plaintiff's Motion for Limited Discovery by August 11, 2017. Signed by Judge Tanya S. Chutkan on 8/7/17. (DJS) (Entered: 08/07/2017)
2017-08-07Set/Reset Deadlines: Response due by 8/11/2017. Reply to Motion for Summary Judgment due by 8/11/2017. (tb) (Entered: 08/07/2017)
2017-08-1123REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A and B)(Adebonojo, Kenneth) (Entered: 08/11/2017)
2017-08-1124Memorandum in opposition to re 20 MOTION for Discovery filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 08/11/2017)
2017-08-1525Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Discovery by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Tsao, Naikang) (Entered: 08/15/2017)
2017-08-16MINUTE ORDER: Granting 25 Unopposed Motion for Extension of Time to File Response/Reply. The deadline for Plaintiff to file a reply is extended to September 6, 2017. Signed by Judge Tanya S. Chutkan on 8/16/17. (DJS) (Entered: 08/16/2017)
2017-08-22Set/Reset Deadlines: Reply due by 9/6/2017. (tb) (Entered: 08/22/2017)
2017-09-0626REPLY to opposition to motion re 20 MOTION for Discovery filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Tsao, Naikang) (Entered: 09/06/2017)
2017-11-01Case directly reassigned to Judge Trevor N. McFadden. Judge Tanya S. Chutkan is no longer assigned to the case. (ztnr) (Entered: 11/01/2017)
2018-02-2627NOTICE of Appearance by Emily Creighton on behalf of All Plaintiffs (Creighton, Emily) (Entered: 02/26/2018)
2018-02-2628NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION LAWYERS ASSOCIATION. Attorney Melissa E. Crow terminated. (Crow, Melissa) (Entered: 02/26/2018)
2018-02-2729MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kristin Macleod-Ball, :Firm- American Immigration Council, :Address- 100 Summer Street, 23rd Floor, Boston, MA 02110. Phone No. - 8573053722. Fax No. - 202-742-5619 Filing fee $ 100, receipt number 0090-5351222. Fee Status: Fee Paid. by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Creighton, Emily) (Entered: 02/27/2018)
2018-02-27MINUTE ORDER granting the 29 Motion for Leave to Appear Pro Hac Vice for Attorney Kristin Macleod-Ball. Counsel shall promptly register for this Court's CM/ECF system. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/27/2018. (lctnm3) (Entered: 02/27/2018)
2018-03-3030MEMORANDUM ORDER denying Defendants' 16 Motion for Summary Judgment and denying Plaintiff's 20 Motion for Discovery. See the attached Memorandum Order for additional details. It is further ORDERED that the parties shall appear for a status conference to discuss further proceedings in this matter on April 19, 2018 at 10 a.m. in Courtroom 2, before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 3/30/2018. (lctnm3) (Entered: 03/30/2018)
2018-04-02Set/Reset Hearings: Status Conference scheduled for 4/19/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 04/02/2018)
2018-04-0231NOTICE of Appearance by Kristin Macleod-Ball on behalf of AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Macleod-Ball, Kristin) (Entered: 04/02/2018)
2018-04-1832Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 04/18/2018)
2018-04-19Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 4/19/2018. Joint Status Report and proposed briefing schedule due by 8/2/2018. (Court Reporter: Sara Wick.) (hmc) (Entered: 04/19/2018)
2018-04-2333STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Courtesy copies are excused for all filings predating the entry of this Standing Order. Signed by Judge Trevor N. McFadden on 4/20/2018. (lctnm3) (Entered: 04/23/2018)
2018-08-0134Consent MOTION for Extension of Time to File the Parties' Joint Status Report by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 08/01/2018)
2018-08-01MINUTE ORDER: Upon consideration of Defendants' 34 Consent Motion for Extension of Time to File, it is hereby ORDERED that the parties shall file the Joint Status Report on or before August 9, 2018. The parties are warned that any future motions for extensions of time must comply with the Court's 33 Standing Order, including the requirement that any such motions be filed at least four business days prior to any affected deadline. Signed by Judge Trevor N. McFadden on 8/1/2018. (lctnm3) (Entered: 08/01/2018)
2018-08-02Set/Reset Deadlines: Joint Status Report due by 8/9/2018. (hmc) (Entered: 08/02/2018)
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