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Case TitleAMERICAN IMMIGRATION COUNCIL v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01390
Date Filed2018-06-12
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffAMERICAN IMMIGRATION COUNCIL
Case DescriptionThe American Immigration Council submitted a FOIA request to U.S. Customs and Border Protection for records concerning policies for processing non-citizens seeking asylum. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, AIC filed a complaint with the Office of Government Information Services. Based on OGIS's queries, CBP processed the request and disclosed 16 pages with redactions. AIC filed an administrative appeal of CBP's decision, but after hearing nothing further from the agency, AIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-121COMPLAINT against UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5531035) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Civil Cover Sheet, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons)(VerGow, Meaghan) (Entered: 06/12/2018)
2018-06-122Corporate Disclosure Statement by AMERICAN IMMIGRATION COUNCIL. (VerGow, Meaghan) (Entered: 06/12/2018)
2018-06-133MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Catalina Vergara, :Firm- O'Melveny & Myers LLP, :Address- 400 South Hope Street. Phone No. - (213)-430-6000. Filing fee $ 100, receipt number 0090-5532478. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Catalina Vergara in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(VerGow, Meaghan) (Entered: 06/13/2018)
2018-06-134MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Dimitri D. Portnoi, :Firm- O'Melveny & Myers LLP, :Address- 400 South Hope Street. Phone No. - (213)-430-6000. Filing fee $ 100, receipt number 0090-5532521. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Dimitri D. Portnoi in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(VerGow, Meaghan) (Entered: 06/13/2018)
2018-06-135MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexander Slavin, :Firm- O'Melveny & Myers LLP, :Address- 400 South Hope Street. Phone No. - (213)-430-6000. Filing fee $ 100, receipt number 0090-5532561. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Alexander Slavin in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(VerGow, Meaghan) (Entered: 06/13/2018)
2018-06-136MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kyle Grossman, :Firm- O'Melveny & Myers LLP, :Address- 400 South Hope Street. Phone No. - (213)-430-6000. Filing fee $ 100, receipt number 0090-5532571. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Kyle Grossman in Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(VerGow, Meaghan) (Entered: 06/13/2018)
2018-06-14Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 06/14/2018)
2018-06-147SUMMONS (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 Notice and Consent)(zsb) (Entered: 06/14/2018)
2018-06-18MINUTE ORDER: Upon consideration of the Motion for Admission Pro Hac Vice 3 , it is hereby ORDERED that the motion is GRANTED. Catalina Vergara may appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/18/18. (lcrdm3, ) (Entered: 06/18/2018)
2018-06-18MINUTE ORDER: Upon consideration of the Motion for Admission Pro Hac Vice 4 , it is hereby ORDERED that the motion is GRANTED. Dimitri D. Portnoi may appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/18/18. (lcrdm3, ) (Entered: 06/18/2018)
2018-06-18MINUTE ORDER: Upon consideration of the Motion for Admission Pro Hac Vice 5 , it is hereby ORDERED that the motion is GRANTED. Alexander Slavin may appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/18/18. (lcrdm3, ) (Entered: 06/18/2018)
2018-06-18MINUTE ORDER: Upon consideration of the Motion for Admission Pro Hac Vice 6 , it is hereby ORDERED that the motion is GRANTED. Kyle Grossman may appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/18/18. (lcrdm3, ) (Entered: 06/18/2018)
2018-06-188STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. Signed by Judge Randolph D. Moss on 6/18/18. (lcrdm3, ) (Entered: 06/18/2018)
2018-07-129ENTERED IN ERROR. . . .CERTIFICATE OF SERVICE by AMERICAN IMMIGRATION COUNCIL re 1 Complaint, 3 MOTION for Leave to Appear Pro Hac Vice: Catalina Vergara, 4 MOTION for Leave to Appear Pro Hac Vice: Dimitri D. Portnoi, 5 MOTION for Leave to Appear Pro Hac Vice: Alexander Slavin, 6 MOTION for Leave to Appear Pro Hac Vice: Kyle Grossman, 7 Summons, 8 Order . (Portnoi, Dimitri) Modified on 7/13/2018 (ztd). (Entered: 07/12/2018)
2018-07-1210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/22/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 7/22/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/22/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 6/21/2018; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/21/2018 (ztd) (Entered: 07/13/2018)
2018-07-13NOTICE OF CORRECTED DOCKET ENTRY: re 9 Certificate of Service, was entered in error and refiled said pleading using the correct event as docket entry no. 10 . (ztd) (Entered: 07/13/2018)
2018-07-2011Unopposed MOTION for Extension of Time to Amend and To Extend Defendants' Time to Answer The Complaint or Otherwise Respond to the Complaint by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Portnoi, Dimitri) Modified on 7/31/2018 (ztd). Added MOTION for Extension of Time to File Answer on 7/31/2018 (ztd). (Entered: 07/20/2018)
2018-07-23MINUTE ORDER: Upon consideration of Plaintiff's Unopposed Motion for Extension of Time 11 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file an amended complaint on or before July 25, 2018. Defendants shall respond to Plaintiff's amended complaint on or before August 3, 2018. Signed by Judge Randolph D. Moss on 7/23/18. (lcrdm3, ) (Entered: 07/23/2018)
2018-07-23Set/Reset Deadlines: Plaintiff shall file an amended complaint on or before 7/25/2018; Defendants shall respond to Plaintiff's amended complaint on or before 8/3/2018. (kt) (Entered: 07/23/2018)
2018-07-2512AMENDED COMPLAINT (First Amended Complaint For Declaratory And Injunctive Relief) against UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Redline of First Amended Complaint, # 17 Certificate of Service)(VerGow, Meaghan) (Entered: 07/25/2018)
2018-07-3013NOTICE of Appearance by Marina Utgoff Braswell on behalf of UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Braswell, Marina) (Entered: 07/30/2018)
2018-08-0314ANSWER to 12 Amended Complaint,, by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Braswell, Marina) (Entered: 08/03/2018)
2018-08-04MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on August 21, 2018, at 10:00 a.m. in Courtroom 21, to discuss the schedule for further proceedings in this matter. The parties shall confer in advance of the status conference to narrow the issues for discussion. Signed by Judge Randolph D. Moss on 8/4/18. (lcrdm3, ) (Entered: 08/04/2018)
2018-08-06Set/Reset Hearings: Status Conference set for 8/21/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/06/2018)
2018-08-0915Unopposed MOTION for Order Resetting Status Conference by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Exhibit A - Order re Mediation, # 2 Exhibit B - Notice of Mediation Date, # 3 Text of Proposed Order)(Portnoi, Dimitri) (Entered: 08/09/2018)
2018-08-10MINUTE ORDER: Upon consideration of Plaintiff's Unopposed Motion to Reschedule Status Conference 15 , it is hereby ORDERED that the motion is GRANTED. The status conference currently scheduled for August 21, 2018, at 10:00 a.m., is hereby VACATED and RESCHEDULED for September 6, 2018 at 10:15 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 8/10/2018. (lcrdm3, ) (Entered: 08/10/2018)
2018-08-10Set/Reset Hearings: The Status Conference set for 8/21/2018 is VACATED and RESCHEDULED for 9/6/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/10/2018)
2018-09-06Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/6/2018. The parties shall file a Joint Status Report on or before 10/11/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/06/2018)
2018-10-1116Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Portnoi, Dimitri) (Entered: 10/11/2018)
2018-10-12MINUTE ORDER: Upon consideration of the parties' joint status report 16 , it is hereby ORDERED that the parties shall submit a further joint status report on or before November 30, 2018. Signed by Judge Randolph D. Moss on 10/12/2018. (lcrdm3, ) (Entered: 10/12/2018)
2018-10-12Set/Reset Deadlines: A further Joint Status Report is due by 11/30/2018. (hmc) (Entered: 10/12/2018)
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by FOIA Project Staff
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