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Case TitleCHAVERRA v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00289
Date Filed2018-02-08
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffGILBERTO RODRIGUEZ CHAVERRA as the Administrator of the Estate of Jeancarlo
Case DescriptionGilberto Chaverra submitted FOIA requests to the Department of Homeland Security for records concerning Jeancarlo Jimenez and his detention. U.S. Immigration and Customs Enforcement denied Chaverra's request based on Exemption 7(A) (interference with ongoing investigation or proceeding). Chaverra submitted FOIA requests to other components, which failed to respond. Chaverra then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantDEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL
DefendantDEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES
DefendantSTEWART D. SMITH Dr., in his Official Capacity as Assistant Director for the Department of Homeland Security, U.S. Immigration and Customs Enforcement, ICE Health Services Corps
Documents
Docket
Complaint
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Complaint attachment 31
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-081COMPLAINT for Declaratory and Injunctive Relief and Petition for Writ of Mandamus against All Defendants ( Filing fee $ 400 receipt number 0090-5325336) filed by Gilberto Rodriguez Chaverra. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons ICE-USAO, # 3 Summons DHS-OIG-USAO, # 4 Summons DHS-CRCL-USAO, # 5 Summons Smith-USAO, # 6 Exhibit A - ICE FOIA Receipt, # 7 Exhibit B - ICE Public Notice, # 8 Exhibit C - ICE FOIA Acknowledgement, # 9 Exhibit D - ICE Response, # 10 Exhibit E - FOIA Appeal to ICE, # 11 Exhibit F - ICE Appeal Acknowledgement, # 12 Exhibit G - ICE Appeal Response, # 13 Exhibit H - ICE FOIA Request SDC, # 14 Exhibit I - ICE Clarification Request 999, # 15 Exhibit J - ICE Acknowledgement 999, # 16 Exhibit K - ICE Status Tool 999, # 17 Exhibit L - ICE Acknowledgement 998, # 18 Exhibit M - ICE Status Tool 998, # 19 Exhibit N - OIG FOIA Request, # 20 Exhibit O - OIG FOIA Acknowledgement, # 21 Exhibit P - OIG FOIA Status Tool, # 22 Exhibit Q - CRCL FOIA 1, # 23 Exhibit R - CRCL FOIA 2, # 24 Summons ICE - USAG, # 25 Summons OIG - USAG, # 26 Summons CRCL - USAG, # 27 Summons Smith - USAG, # 28 Summons ICE - OGC, # 29 Summons OIG - OGC, # 30 Summons CRCL - OGC, # 31 Summons Smith - OGC)(Free, R.) (Entered: 02/08/2018)
2018-02-09Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 02/09/2018)
2018-02-092SUMMONS (5) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, STEWART D. SMITH, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 02/09/2018)
2018-02-09SUMMONS Not Issued as to U.S. Attorney (zsb) (Entered: 02/09/2018)
2018-02-093ERRATA Corrected Complaint by GILBERTO RODRIGUEZ CHAVERRA 1 Complaint,,,,, filed by GILBERTO RODRIGUEZ CHAVERRA. (Attachments: # 1 Errata Complaint (Corrected))(Free, R.) (Entered: 02/09/2018)
2018-03-214REQUEST FOR SUMMONS TO ISSUE as to US Attorney's Office filed by GILBERTO RODRIGUEZ CHAVERRA.(Free, R.) (Entered: 03/21/2018)
2018-03-225SUMMONS (1) Issued Electronically as to U.S. Attorney. (znmw) (Entered: 03/22/2018)
2018-04-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/29/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/28/2018. (Free, R.) (Entered: 04/02/2018)
2018-04-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES served on 2/15/2018; DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL served on 2/15/2018; STEWART D. SMITH served on 2/15/2018; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 2/15/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/16/2018. (See Docket Entry 6 to view document). (znmw) (Entered: 04/03/2018)
2018-04-268Unopposed MOTION for Extension of Time to File by DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, STEWART D. SMITH, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/26/2018)
2018-04-27MINUTE ORDER GRANTING 8 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall respond to the Complaint on or before June 4, 2018. So ORDERED by Judge James E. Boasberg on 4/27/2018. (lcjeb3) (Entered: 04/27/2018)
2018-04-27Set/Reset Deadlines: Responses due by 6/4/2018. (znbn) (Entered: 04/27/2018)
2018-06-049(Partial) MOTION to Dismiss by DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, STEWART D. SMITH, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) Modified on 6/5/2018 (ztd). (Entered: 06/04/2018)
2018-06-0410ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, STEWART D. SMITH, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(Peterson, Benton) (Entered: 06/04/2018)
2018-06-2511Unopposed MOTION for Leave to File Memorandum of Points and Authorities in Opposition to Defendants' Partial Motion to Dismiss by GILBERTO RODRIGUEZ CHAVERRA (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants' Partial Motion to Dismiss)(Free, R.) (Entered: 06/25/2018)
2018-06-25MINUTE ORDER GRANTING 11 Motion for Leave to File Memorandum. The Court ORDERS that Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants' Partial Motion to Dismiss is deemed FILED and that Defendants' Reply shall be due on or before July 11, 2018. So ORDERED by Judge James E. Boasberg on 6/25/2018.(lcjeb2) (Entered: 06/25/2018)
2018-06-25Set/Reset Deadlines: Replies due by 7/11/2018. (znbn) (Entered: 06/25/2018)
2018-06-2512Unopposed MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss by DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, STEWART D. SMITH, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 06/25/2018)
2018-06-2513Memorandum in opposition to re 9 MOTION to Dismiss filed by GILBERTO RODRIGUEZ CHAVERRA. (ztd) (Entered: 06/26/2018)
2018-07-02MINUTE ORDER GRANTING 12 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendants shall file their reply on or before July 20, 2018. So ORDERED by Judge James E. Boasberg on 7/2/2018. (lcjeb2) (Entered: 07/02/2018)
2018-07-02Set/Reset Deadlines: Reply due by 7/20/2018. (znbn) (Entered: 07/02/2018)
2018-07-1814Unopposed MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss by DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, STEWART D. SMITH, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 07/18/2018)
2018-07-18MINUTE ORDER granting 14 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendants' Reply shall be due on or before July 27, 2018. So ORDERED by Judge James E. Boasberg on 7/18/2018.(lcjeb2) (Entered: 07/18/2018)
2018-07-18Set/Reset Deadlines: Response/Reply due by 7/27/2018. (nbn) (Entered: 07/19/2018)
2018-07-2715REPLY to opposition to motion re 9 MOTION to Dismiss filed by DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, STEWART D. SMITH, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration)(Peterson, Benton) (Entered: 07/27/2018)
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