Skip to content

Case Detail

[Subscribe to updates]
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 Closed2020-09-02
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
Opinion/Order [67]
FOIA Project Annotation: Resolving a suit brought in 2016 by the American Immigration Lawyers Association against U.S. Customs and Border Protection for records concerning the development of a new manual â€" the Officers Reference Tool â€" Judge Trevor McFadden has ruled that the agency properly withheld 35 documents under Exemption 7(E) (investigative methods or techniques). Noting that the bar to show that Exemption 7(E) applied to records was low, McFadden pointed out that "CBP clears this bar. Its evidence establishes that the withheld information in these documents would 'train potential violators to evade the law or instruct them how to break the law,' or 'increase the risks that a law will be violated or that past violators will escape legal consequences.' Indeed, the protected information in these documents appears to be central to CBP's law enforcement mission. CBP withheld the techniques and procedures it employs to determine eligibility to enter or remain in the United States and assess and monitor risks at the borders." McFadden explained that "application of Exemption 7(E) for these documents is 'self-evident.' CBP cannot reveal the details of these techniques and procedures because doing so would allow those seeking to circumvent the federal immigration laws to extrapolate what to avoid and how to prepare, increasing the risk that they enter or remain in the United States illegally. To grant AILA's request for more information would be untenable. It would require disclosure of the very details that create the risk that a law will be circumvented in the first place. This is not what FOIA contemplates." AILA argued that some of the redactions were apparently based on publicly available information and thus not protected by Exemption 7(E). McFadden, however, indicated that "the presence of unredacted, publicly available information in [two records] does not overcome CBP's decision to withhold information in these documents under Exemption 7(E). That is because how CBP employs public information may not be known and can itself disclose law enforcement techniques and procedures."
Issues: Exemption 7(E) - Investigative methods or techniques
User-contributed Documents
 001 Complaint
001-1 Exhibit A to Complaint
001-2 Exhibit B to Complaint
001-3 Exhibit C to Complaint
001-4 Exhibit D to Complaint
001-5 Civil Cover Sheet
001-6 AUSA DC Summons
001-7 CBP Summons
001-8 DHS Summons
001-9 DOJ Summons
002 Corrected Complaint
003 Plaintiff Tsao Pro Hac Vice Motion
003-1 Tsao Declaration ISO Pro Hac Vice Motion
004 Court Summons
004-1 Consent Form
005 DOJ Affidavit of Service
005-1 Exhibit A to Affidavit of Service
006 AUSA DC Affidavit of Service
006-1 Exhibit A to Affidavit of Service
007 CBP Affidavit of Service
007-1 Exhibit A to CBP Affidavit of Service
008 DHS Affidavit of Service
008-1 Exhibit A to DHS Affidavit of Service
009 Gov't Motion, Proposed Order to Extend Response
010 Plaintiff Post Hac Vice Motion Tsao
010-1 Tsao Declaration ISO Post Hac Vice Motion
011 Gov't Motion to Extend, Prop. Order, Service Cert.
012 Gov't Answer
014 Motion to Continue Status Conference
014-1 Gov't Proposed Order RE Motion to Continue
016 Gov't MSJ
016-1 Gov't Statement of Fact
016-2 Exhibit A Hutton Declaration
017 Plaintiff Opp. to Gov't MSJ, Memo ISO Discovery Motion
017-1 Plaintiff Response to Gov't Statement of Fact
017-2 Plaintiff Statement of Fact
017-3 Plaintiff Proposed Order
018 Tsao Declaration
018-1 Exhibit A to Tsao Declaration
018-2 Exhibit B to Tsao Declaration
018-3 Exhibit C to Tsao Declaration
018-4 Exhibit D to Tsao Declaration
018-5 Exhibit E to Tsao Declaration
019 Lawrence Declaration
019-1 Exhibit A to Lawrence Declaration
019-2 Exhibit B to Lawrence Declaration
019-3 Exhibit C to Lawrence Declaration
019-4 Exhibit D to Lawrence Declaration
019-5 Exhibit E to Lawrence Declaration
019-6 Exhibit F to Lawrence Declaration
020 Plaintiff Limited Discovery Motion
021 Gov't Motion to Extend
022 Gov't Motion to Extend Reply Filing Time
023 Gov't Reply to Opp., Opp. to Discovery
023-1 Exhibit A Howard Supp. Decl., Exhibit B Hutton Supp. Decl.
024 Gov't Response to Discovery Motion
025 Plaintiff Unopposed Motion for Extension
026 Plaintiff Reply ISO Discovery Motion
027 Plaintiff Notice of Appearance Creighton
028 Plaintiff Notice of Withdrawal Crow
029 Post Hac Vice Motion Macleod-Ball
029-1 Macleod-Ball Declaration ISO Post Hac Vice Motion
029-2 Exhibit B Proposed Order RE Post Hac Vice Motion
030 Order RE MSJ, Discovery Motion
030-1 Plaintiff Proposed Order RE Motion for Stay
031 Plaintiff Notice of Appearance Mcleod-Ball
032 Gov't Joint Status Report
033 McFadden Standing Order
034 Gov't Motion to Extend Joint Status Report
035 Joint Status Report
036 Plaintiff MSJ
036-1 Plaintiff Memo ISO MSJ
036-10 Plaintiff Proposed Order
036-2 Plaintiff Statement of Facts
036-3 Mcleod-Ball Declaration
036-4 Exhibit A
036-5 Exhibit B
036-6 Exhibit C
036-7 Exhibit D
036-8 Exhibit E
036-9 Exhibit F
037 Mcleod-Ball Change of Address Notice
038 Gov't Motion to Stay for Shutdown
038-1 Gov't Proposed Order
039 Notice of Restored Funding
040 Gov't Motion to Extend Time
041 Gov't Motion to Extend Time
042 Gov't Notice of Substitution of Counsel
043 Gov't Opp. to Plaintiff MSJ
043-1 Gov't Statement of Facts
043-2 Exhibit A Howard Declaration 3
044 Plaintiff Reply ISO MSJ
045 Order Denying Plaintiff MSJ
046 Joint Status Report
047 Joint Status Report
048 Joint Status Report
049 Consent to Gov't Extension for MSJ
050 Gov't Motion to Extend Time for MSJ
051 Motion to Extend Time for Gov't MSJ
052 Motion to Extend Time for Gov't MSJ
053 Gov't MSJ
053-1 Gov't Statement of Facts
053-2 Gov't Memo ISO MSJ
053-3 Exhibit A Howard Decl. 4, Attachments A, B
054 Plaintiff Motion to Extend x-MSJ, Opp. Filing Deadline
055 Memo ISO x-MSJ, Opp. MSJ
055-1 Plaintiff Response to Gov't Statement of Facts
056 Plaintiff x-MSJ
056-1 Plaintiff Memo ISO x-MSJ, Opp. Gov't MSJ
056-10 Exhibit F
056-11 Exhibit G
056-12 Exhibit H
056-13 Exhibit I
056-14 Exhibit J
056-15 Exhibit K
056-16 Exhibit L
056-17 Exhibit M
056-18 Exhibit N
056-19 Exhibit O
056-2 Plaintiff Statement of Facts
056-20 Exhibit P
056-21 Exhibit Q
056-22 Exhibit R
056-23 Exhibit S
056-24 Exhibit T
056-25 Exhibit U
056-26 Exhibit V
056-27 Exhibit W
056-28 Exhibit X
056-29 Exhibit Y
056-3 Exhibit Index of Documents
056-30 Exhibit Z
056-31 Exhibit AA
056-32 Exhibit BB
056-33 Exhibit CC
056-34 Exhibit DD
056-35 Exhibit EE
056-36 Exhibit FF
056-37 Exhibit GG
056-38 Exhibit HH
056-39 Exhibit II
056-4 Macleod-Ball Declaration
056-40 Exhibit JJ
056-41 Exhibit KK
056-42 Exhibit LL
056-43 Exhibit MM
056-44 Exhibit NN
056-45 Exhibit OO
056-46 Exhibit PP
056-47 Exhibit QQ
056-48 Exhibit RR
056-49 Exhibit SS
056-5 Exhibit A
056-50 Exhibit TT
056-51 Exhibit UU
056-52 Exhibit VV
056-53 Exhibit WW
056-54 Exhibit XX
056-55 Exhibit YY
056-56 Exhibit ZZ
056-57 Exhibit AAA
056-58 Exhibit BBB
056-59 Exhibit CCC
056-6 Exhibit B
056-60 Exhibit DDD
056-61 Exhibit EEE
056-62 Exhibit FFF
056-63 Exhibit GGG
056-64 Exhibit HHH
056-65 Exhibit III
056-66 Exhibit JJJ
056-67 Exhibit KKK
056-68 Exhibit LLL
056-69 Exhibit MMM
056-7 Exhibit C
056-70 Exhibit NNN
056-8 Exhibit D
056-9 Exhibit E
057 Gov't Motion to Extend Filing Time
059 Gov't Opp. to Plaintiff x-MSJ, Reply to Plaintiff Opp.
059-1 Exhibit A Updated Vaughn Index
059-2 Gov't Response to Plaintiff Statement of Facts
060 Motion to File Omitted Reply to Plaint. Statement of Facts
060-1 Exhibit A Gov't Reply to Plaintiff Statement of Facts
062 Gov't Response to Plaintiff Statement of Facts
063 Plaintiff Motion to Extend Filing Time for Reply ISO x-MSJ
064 Plaintiff Reply ISO x-MSJ
064-1 Plaintiff Reply to Gov't Response to Statement of Facts
064-2 Revised Index of Exhibits
064-3 Macleod-Ball Declaration 3
064-4 Exhibit 1
064-5 Exhibit 2
064-6 Exhibit 3
064-7 Exhibit 4
064-8 Exhibit 5
064-9 Exhibit 6
065 Order RE Records 11, 12, 17, 45, and 53
066 Notice of Filing
066-1 Exhibit
067 Opinion RE x-MSJs
068 Order RE x-MSJs
069 Plaintiff Motion to Extend Time to Seek Attorney Fees
069-1 Plaintiff Proposed Order
070 Plaintiff Motion to Extend Time to Seek Attorney Fees 2
070-1 Plaintiff Proposed Order
071 Plaintiff Motion to Extend Time to Seek Attorney Fees 3
071-1 Plaintiff Proposed Order
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)
2018-08-0935Joint STATUS REPORT by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Macleod-Ball, Kristin) (Entered: 08/09/2018)
2018-08-10MINUTE ORDER: Upon consideration of the parties' 35 Joint Status Report, it is hereby ORDERED that Defendants shall complete their production of all records in Chapter 11, subject to redactions, by November 9, 2018. Defendants shall make two interim productions of these records, the first on or before September 9, 2018, and the second on or before October 9, 2018. Defendants shall file any motion for summary judgment by December 10, 2018. Plaintiff shall file its opposition and any cross-motion for summary judgment on or before December 28, 2018. Defendants shall file any reply on or before January 7, 2019 and Plaintiff shall file any reply on for before January 14, 2019. Signed by Judge Trevor N. McFadden on 8/10/2018. (lctnm3) (Entered: 08/10/2018)
2018-08-10Set/Reset Deadlines: Defendants' production of all records in Chapter 11 due by 11/9/2018. First interim production due by 9/9/2018. Second interim production due by 10/9/2018. Defendants' Motion for Summary Judgment due by 12/10/2018. Plaintiff's opposition to the Motion for Summary Judgment and Cross-Motion due by 12/28/2018. Defendants' reply in support of their Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 1/7/2019. Plaintiff's reply in support of its Cross-Motion due by 1/14/2019. (hmc) (Entered: 08/10/2018)
2018-12-2836MOTION for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Macleod-Ball Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Text of Proposed Order)(Macleod-Ball, Kristin) (Entered: 12/28/2018)
2018-12-2837NOTICE of Change of Address by Kristin Macleod-Ball (Macleod-Ball, Kristin) (Entered: 12/28/2018)
2019-01-17MINUTE ORDER. Plaintiff filed its 36 Motion for Summary Judgment on December 28, 2018. Defendants' response was due on January 7, 2019, but no response has been filed. Plaintiff's Motion, however, was filed after the Department of Justice experienced a lapse in appropriations that prohibits its attorneys from working, even on a voluntary basis, except in very limited circumstances. In light of this, it is hereby ORDERED that, on or before January 24, 2019, the Defendants shall respond to the Plaintiff's Motion or otherwise file any motion for relief from the missed deadline. Signed by Judge Trevor N. McFadden on 1/17/2019. (lctnm3) (Entered: 01/17/2019)
2019-01-17Set/Reset Deadlines: Defendants' response to Plaintiff's 36 Motion due by 1/24/2019. (hmc) (Entered: 01/17/2019)
2019-01-2338Unopposed MOTION to Stay and for extension of time by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris). Added MOTION for Extension of Time to on 1/25/2019 (tth). (Entered: 01/23/2019)
2019-01-24MINUTE ORDER: Upon considering the Defendants' 38 Motion to Stay, it is hereby ORDERED that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendants shall notify the Court immediately upon resumption of appropriations, and that the Defendants' response to the Plaintiff's Motion for Summary Judgment shall be filed no later than 14 days after the resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/24/2019. (lctnm3) (Entered: 01/24/2019)
2019-01-3139NOTICE of Restored Government Funding by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 01/31/2019)
2019-02-01MINUTE ORDER: Upon consideration of the Defendants' 39 Notice, the Court hereby lifts the stay in this case. The Defendants' response to the Plaintiff's Motion for Summary Judgment shall be filed on or before February 11, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/1/2019. (lctnm3) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Defendants' response to Plaintiff's Motion for Summary Judgment due by 2/11/2019. (hmc) (Entered: 02/01/2019)
2019-02-1140Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Motion for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 02/11/2019)
2019-02-11MINUTE ORDER: Upon consideration of the Defendants' 40 Consent Motion, it is hereby ORDERED that the Defendants shall file any opposition to the Plaintiff's Motion for Summary Judgment on or before February 14, 2019. Counsel is again 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 2/11/2019. (lctnm3) (Entered: 02/11/2019)
2019-02-12Set/Reset Deadlines: Defendants' opposition to Plaintiff's Motion for Summary Judgment due by 2/14/2019. (hmc) (Entered: 02/12/2019)
2019-02-1241MOTION for Extension of Time to file Defendants' Opposition to Plaintiff's Motion for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 02/12/2019)
2019-02-13MINUTE ORDER: Upon consideration of the Defendants' 41 Motion for Extension of Time, the Court hereby DENIES the Defendants' request. The Court previously granted a similar request the Defendants made just one day prior to submitting this new request. The Court's order granting additional time considered counsel's representations about the need for additional time and his other obligations. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/13/2019. (lctnm3) (Entered: 02/13/2019)
2019-02-1442NOTICE OF SUBSTITUTION OF COUNSEL by Kenneth A. Adebonojo on behalf of All Defendants Substituting for attorney Doris Denise Coles-Huff (Adebonojo, Kenneth) (Entered: 02/14/2019)
2019-02-1443Memorandum in opposition to re 36 MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Declaration)(Adebonojo, Kenneth) (Entered: 02/14/2019)
2019-02-2144REPLY to opposition to motion re 36 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Macleod-Ball, Kristin) (Entered: 02/21/2019)
2019-02-25MINUTE ORDER: Upon consideration of the parties' Summary Judgment briefing, a hearing is hereby scheduled for March 15, 2019 at 10 a.m. in Courtroom 2 before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 2/25/2019. (lctnm3) (Entered: 02/25/2019)
2019-02-26Set/Reset Hearings: Motion Hearing set for 3/15/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 02/26/2019)
2019-03-15Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 3/15/2019 re 36 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. Order forthcoming. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 03/15/2019)
2019-03-1545ORDER re Plaintiff's 36 Motion for Summary Judgment. See attached order for details. Signed by Judge Trevor N. McFadden on 3/15/2019. (lctnm3) (Entered: 03/15/2019)
2019-03-15Set/Reset Deadlines: Joint Status Report due by 4/15/2019. (hmc) (Entered: 03/15/2019)
2019-04-1546Joint STATUS REPORT by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Macleod-Ball, Kristin) (Entered: 04/15/2019)
2019-04-17MINUTE ORDER: Upon consideration of the parties' 46 Joint Status Report, it is hereby ORDERED that a further report shall be filed on or before April 29, 2019. This report shall provide updates on the status of the Government's Vaughn Index and on the five documents referred to other agencies for consultation. It is further ORDERED that the parties shall notify the Court, through a Joint Status Report, once the Government's search of the PODS database has been completed and any responsive records have been produced. Signed by Judge Trevor N. McFadden on 4/17/2019. (lctnm3) (Entered: 04/17/2019)
2019-04-17Set/Reset Deadlines: Joint Status Report due by 4/29/2019. (hmc) (Entered: 04/17/2019)
2019-04-2947Joint STATUS REPORT by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Macleod-Ball, Kristin) (Entered: 04/29/2019)
2019-04-30MINUTE ORDER: Upon consideration of the parties' 47 Joint Status Report, it is hereby ORDERED that: (1) the Defendants shall make a production of responsive records from the PODS database on or before May 31, 2019; (2) the Defendants shall produce a Vaughn Index for all document redactions and withholdings no later than 45 days after the final production of the PODS documents; (3) the Defendants shall produce the 5 records referred to other agencies or provide the Plaintiff with justifications for withholding them on or before May 31, 2019; and (4) the parties shall file a further update on or before June 14, 2019. This report shall inform the Court about the status of these issues and propose a summary judgment briefing schedule. Signed by Judge Trevor N. McFadden on 4/30/2019. (lctnm3) (Entered: 04/30/2019)
2019-04-30Set/Reset Deadlines: Defendants' production of responsive records from the PODS database due by 5/31/2019. Defendants' production of the 5 records referred to other agencies due by 5/31/2019. Joint Status Report due by 6/14/2019. (hmc) (Entered: 04/30/2019)
2019-06-1448Joint STATUS REPORT by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Macleod-Ball, Kristin) (Entered: 06/14/2019)
2019-06-17MINUTE ORDER: Upon consideration of the parties' 48 Joint Status Report, it is hereby ORDERED that the Defendants shall produce a Vaughn Index on or before July 15, 2019. The Index shall include the documents withheld in part or in full from Chapter 11 of the ORT, the documents withheld in part or in full from the PODS database, and the 3 documents withheld in full after referral to another agency. It is further ORDERED that the parties shall adhere to the following summary judgment briefing schedule: the Defendants shall file a Motion for Summary Judgment on or before August 6, 2019. The Plaintiff shall file any Opposition and Cross Motion on or before September 10, 2019. The Defendants shall file any Opposition and Reply by September 30, 2019. The Plaintiff shall file any Reply on or before October 21, 2019. Signed by Judge Trevor N. McFadden on 6/17/2019. (lctnm3) (Entered: 06/17/2019)
2019-06-17Set/Reset Deadlines: Defendants' Vaughn Index due by 7/15/2019. Defendants' Motion for Summary Judgment due by 8/6/2019. Plaintiff's Opposition and Cross Motion 9/10/2019. Defendants' Opposition and Reply due by 9/30/2019. Plaintiff's Reply due by 10/21/2019. (hmc) (Entered: 06/17/2019)
2019-08-0249Consent 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: 08/02/2019)
2019-08-02MINUTE ORDER granting Defendants' unopposed 49 Motion for Extension. It is hereby ORDERED that the parties shall adhere to the following summary judgment briefing schedule: the Defendants shall file a Motion for Summary Judgment on or before September 10, 2019. The Plaintiff shall file any Opposition and Cross Motion on or before October 14, 2019. The Defendants shall file any Opposition and Reply on or before November 4, 2019. The Plaintiff shall file any Reply on or before November 25, 2019. Signed by Judge Trevor N. McFadden on 8/2/2019. (lctnm3) (Entered: 08/02/2019)
2019-08-05Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 9/10/2019. Plaintiff's Opposition and Cross-Motion due by 10/14/2019. Defendants' Opposition and Reply due by 11/4/2019. Plaintiff's Reply due by 11/25/2019. (hmc) (Entered: 08/05/2019)
2019-09-0650Consent MOTION for Extension of Time to File Defendants' Renewed Motion for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 09/06/2019)
2019-09-06MINUTE ORDER granting Defendants' 50 unopposed Motion for Extension. It is hereby ORDERED that the parties shall adhere to the following summary judgment briefing schedule: the Defendants shall file a Motion for Summary Judgment on or before September 30, 2019. The Plaintiff shall file any Opposition and Cross Motion on or before November 4, 2019. The Defendants shall file any Opposition and Reply on or before November 24, 2019. The Plaintiff shall file any Reply on or before December 15, 2019. Further requests for extension shall be disfavored. Signed by Judge Trevor N. McFadden on 9/6/2019. (lctnm3) (Entered: 09/06/2019)
2019-09-09Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 9/30/2019. Plaintiff's Opposition and Cross-Motion due by 11/4/2019. Defendants' Opposition and Reply due by 11/24/2019. Plaintiff's Reply due by 12/15/2019. (hmc) (Entered: 09/09/2019)
2019-09-2551Consent 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: 09/25/2019)
2019-09-26MINUTE ORDER granting Defendants' unopposed 51 Motion for Extension. The following summary judgment briefing schedule is hereby ORDERED: Defendants' Motion for Summary Judgment is due by October 31, 2019; Plaintiff's Opposition and Cross Motion is due by December 5, 2019; Defendants' Opposition and Reply is due by December 27, 2019; and Plaintiff's Reply, if any, is due by January 17, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/26/2019. (lctnm3) (Entered: 09/26/2019)
2019-09-26Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 10/31/2019. Plaintiff's Opposition and Cross-Motion due by 12/5/2019. Defendants' Opposition and Reply due by 12/27/2019. Plaintiff's Reply due by 1/17/2020. (hmc) (Entered: 09/26/2019)
2019-10-2552Consent 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: 10/25/2019)
2019-10-28MINUTE ORDER granting Defendants' 52 Consent Motion for Extension of Time. The following briefing schedule is hereby ORDERED: Defendants' Motion for Summary Judgment is due by November 14, 2019; Plaintiff's Opposition and Cross Motion is due by December 19, 2019; Defendants' Opposition and Reply is due by January 10, 2020; and Plaintiff's Reply, if any, is due by February 1, 2020. Further requests for extensions will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/28/2019. (lctnm3) (Entered: 10/28/2019)
2019-10-28Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 11/14/2019. Plaintiff's Opposition and Cross Motion due by 12/19/2019. Defendants' Opposition and Reply due by 1/10/2020. Plaintiff's Reply due by 2/1/2020. (hmc) (Entered: 10/28/2019)
2019-11-1453MOTION for Summary Judgment (Renewed) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit A)(Adebonojo, Kenneth) (Entered: 11/14/2019)
2019-12-1154Unopposed MOTION for Extension of Time to File Combined Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Macleod-Ball, Kristin) (Entered: 12/11/2019)
2019-12-13MINUTE ORDER granting Plaintiff's 54 unopposed Motion for Extension of Time to File. The following revised briefing schedule is hereby ORDERED: Plaintiff's combined Opposition and Cross-Motion for Summary Judgment shall be due on January 21, 2020; Defendants' Opposition and Reply shall be due on February 10, 2020; and Plaintiff's Reply shall be due on March 2, 2020. Further requests for extension shall be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/13/2019. (lctnm3) (Entered: 12/13/2019)
2019-12-13Set/Reset Deadlines: Plaintiff's Opposition and Cross-Motion due by 1/21/2020. Defendants' Opposition and Reply due by 2/10/2020. Plaintiff's Reply due by 3/2/2020. (hmc) (Entered: 12/13/2019)
2020-01-2155Memorandum in opposition to re 53 MOTION for Summary Judgment (Renewed) filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Statement of Facts Responses to Dfs Statement of Material Facts)(Macleod-Ball, Kristin) (Entered: 01/21/2020)
2020-01-2156Cross MOTION for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit Index of Documents, # 4 Declaration Second Macleod-Ball Decl., # 5 Exhibit Exh. A, # 6 Exhibit Exh. B, # 7 Exhibit Exh. C, # 8 Exhibit Exh. D, # 9 Exhibit Exh. E, # 10 Exhibit Exh. F, # 11 Exhibit Exh. G, # 12 Exhibit Exh. H, # 13 Exhibit Exh. I, # 14 Exhibit Exh. J, # 15 Exhibit Exh. K, # 16 Exhibit Exh. L, # 17 Exhibit Exh. M, # 18 Exhibit Exh. N, # 19 Exhibit Exh. O, # 20 Exhibit Exh. P, # 21 Exhibit Exh. Q, # 22 Exhibit Exh. R, # 23 Exhibit Exh. S, # 24 Exhibit Exh. T, # 25 Exhibit Exh. U, # 26 Exhibit Exh. V, # 27 Exhibit Exh. W, # 28 Exhibit Exh. X, # 29 Exhibit Exh. Y, # 30 Exhibit Exh. Z, # 31 Exhibit Exh. AA, # 32 Exhibit Exh. BB, # 33 Exhibit Exh. CC, # 34 Exhibit Exh. DD, # 35 Exhibit Exh. EE, # 36 Exhibit Exh. FF, # 37 Exhibit Exh. GG, # 38 Exhibit Exh. HH, # 39 Exhibit Exh. II, # 40 Exhibit Exh. JJ, # 41 Exhibit Exh. KK, # 42 Exhibit Exh. LL, # 43 Exhibit Exh. MM, # 44 Exhibit Exh. NN, # 45 Exhibit Exh. OO, # 46 Exhibit Exh. PP, # 47 Exhibit Exh. QQ, # 48 Exhibit Exh. RR, # 49 Exhibit Exh. SS, # 50 Exhibit Exh. TT, # 51 Exhibit Exh. UU, # 52 Exhibit Exh. VV, # 53 Exhibit Exh. WW, # 54 Exhibit Exh. XX, # 55 Exhibit Exh. YY, # 56 Exhibit Exh. ZZ, # 57 Exhibit Exh. AAA, # 58 Exhibit Exh. BBB, # 59 Exhibit Exh. CCC, # 60 Exhibit Exh. DDD, # 61 Exhibit Exh. EEE, # 62 Exhibit Exh. FFF, # 63 Exhibit Exh. GGG, # 64 Exhibit Exh. HHH, # 65 Exhibit Exh. III, # 66 Exhibit Exh. JJJ, # 67 Exhibit Exh. KKK, # 68 Exhibit Exh. LLL, # 69 Exhibit Exh. MMM, # 70 Exhibit Exh. NNN)(Macleod-Ball, Kristin) (Entered: 01/21/2020)
2020-02-0557Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 02/05/2020)
2020-02-0558REPLY to opposition to motion re 53 MOTION for Summary Judgment (Renewed) filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (See Docket Entry 57 to view document). (eg) (Entered: 02/06/2020)
2020-02-10MINUTE ORDER granting Defendants' 57 Consent Motion for Extension. It is hereby ORDERED that Defendants' Opposition and Reply shall be due on March 10, 2020, and Plaintiff's Reply shall be due on April 2, 2020. Further requests for extension shall be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/10/2020. (lctnm3) (Entered: 02/10/2020)
2020-02-11Set/Reset Deadlines: Defendants' Opposition and Reply due by 3/10/2020. Plaintiff's Reply due by 4/2/2020. (hmc) (Entered: 02/11/2020)
2020-03-1059REPLY to opposition to motion re 53 MOTION for Summary Judgment (Renewed) , 56 Cross MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Additional attachment(s) added on 3/13/2020: # 2 Statement of Facts) (zeg). (Entered: 03/10/2020)
2020-03-1061Memorandum in opposition to re 56 Cross MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (See Docket Entry 59 to view document) (eg) (Entered: 03/13/2020)
2020-03-1160Consent MOTION for Leave to File to file Defendants' Response to Plaintiff's Statement of Material Facts not in Genuine Dispute by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 03/11/2020)
2020-03-11MINUTE ORDER granting Defendants' 60 Consent Motion for Leave to File. Defendants' Response to Plaintiff's Statement of Material Facts not in Genuine Dispute, attached to the 60 Motion as Exhibit A, is hereby deemed timely filed on the Court's docket. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/11/2020. (lctnm3) (Entered: 03/11/2020)
2020-03-1162RESPONSE re 56 Cross MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (eg) (Entered: 03/16/2020)
2020-03-2663Unopposed MOTION for Extension of Time to File Response/Reply in support of Plaintiffs' Cross-Motion for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Macleod-Ball, Kristin) (Entered: 03/26/2020)
2020-03-30MINUTE ORDER granting Plaintiff's 63 unopposed Motion for Extension. It is hereby ORDERED that Plaintiff shall file its Reply by May 4, 2020. Further requests for extension shall be disfavored. Signed by Judge Trevor N. McFadden on 3/30/2020. (lctnm3) (Entered: 03/30/2020)
2020-03-30Set/Reset Deadlines: Plaintiff's Reply due by 5/4/2020. (zhmc) (Entered: 03/30/2020)
2020-05-0464REPLY to opposition to motion re 56 Cross MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Statement of Facts Reply to Dfs Response to Statement of Facts, # 2 Exhibit Index of Documents, # 3 Declaration Macleod-Ball Decl., # 4 Exhibit Ex. 1, # 5 Exhibit Ex. 2, # 6 Exhibit Ex. 3, # 7 Exhibit Ex. 4, # 8 Exhibit Ex. 5, # 9 Exhibit Ex. 6)(Macleod-Ball, Kristin) (Entered: 05/04/2020)
2020-05-05NOTICE OF ERROR re 64 Reply to opposition to Motion; emailed to kmacleod-ball@immcouncil.org, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Next time attorney signature must match login/password (zeg, ) (Entered: 05/05/2020)
2020-07-2265ORDER. See attached Order for details. Signed by Judge Trevor N. McFadden on 7/22/2020. (lctnm3) (Entered: 07/22/2020)
2020-07-22Set/Reset Deadlines: Defendants' unredacted versions due by 8/5/2020. Plaintiff's response due by 8/12/2020. (hmc) (Entered: 07/22/2020)
2020-08-0566NOTICE of Filing of Release of Records by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit)(Adebonojo, Kenneth) (Entered: 08/05/2020)
2020-09-0267MEMORANDUM OPINION re Defendants' 53 Motion for Summary Judgment and Plaintiff's 56 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 9/2/2020. (lctnm3) (Entered: 09/02/2020)
2020-09-0268ORDER. In accordance with the 67 Memorandum Opinion, Defendants' 53 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART, and Plaintiff's 56 Cross-Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. This is a final, appealable Order. Signed by Judge Trevor N. McFadden on 9/2/2020. (lctnm3) Modified on 9/3/2020 to add event title (zhmc). (Entered: 09/02/2020)
2020-09-1469Unopposed MOTION for Extension of Time to file a motion for attorneys fees pursuant to Fed. R. Civ. P. 54(d)(2) by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Macleod-Ball, Kristin) (Entered: 09/14/2020)
2020-09-14MINUTE ORDER granting Plaintiff's 69 Unopposed Motion for Extension of Time. Plaintiff shall file any motion for attorney's fees on or before October 16, 2020. The parties are directed to Paragraph 9(A) of the Court's 33 Standing Order, which states that motions for extension of time "must be filed at least four business days prior to the first affected deadline." Future requests that do not comply with this requirement may be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/14/2020. (lctnm3) (Entered: 09/14/2020)
2020-09-15Set/Reset Deadlines: Plaintiff's motion for attorney's fees due by 10/16/2020. (hmc) (Entered: 09/15/2020)
2020-10-0970Unopposed MOTION for Extension of Time to file a motion for attorneys fees pursuant to Fed. R. Civ. P. 54(d)(2) by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Macleod-Ball, Kristin) (Entered: 10/09/2020)
2020-10-09MINUTE ORDER granting Plaintiff's 70 Unopposed Motion for Extension of Time. Plaintiff shall file any motion for attorney's fees on or before November 16, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/9/2020. (lctnm3) (Entered: 10/09/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar