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Case TitleASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00411
Date Filed2019-02-18
Date Closed2021-07-21
JudgeChief Judge Beryl A. Howell
PlaintiffASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES
Case DescriptionAsian Americans Advancing Justice - Los Angeles submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning implementation of the agency's new notice to appear policy and statistics related to the issuance of NTAs from 2012 to the present. The agency acknowledged receipt of the request and asked Advancing Justice-LA to clarify its request, Advancing Justice-LA did so, but after hearing nothing further from the agency, Advancing Justice-LA filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY 19-cv-02572
DefendantUNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT 19-cv-02573
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-181COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE ( Filing fee $ 400 receipt number 0090-5952769) filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B, # 3 Exhibit EXHIBIT C, # 4 Exhibit EXHIBIT D)(Cohen, David) (Entered: 02/18/2019)
2019-02-182REQUEST FOR SUMMONS TO ISSUE filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Summons Summons USCIS, # 2 Summons Summons USA)(Cohen, David) (Entered: 02/18/2019)
2019-02-19Case Assigned to Chief Judge Beryl A. Howell. (zef) (Entered: 02/19/2019)
2019-02-193CIVIL COVER SHEET by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES.(Cohen, David) (Entered: 02/19/2019)
2019-02-19SUMMONS Not Issued as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE. (zef) (Entered: 02/19/2019)
2019-02-194REQUEST FOR SUMMONS TO ISSUE filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES.(Cohen, David) (Entered: 02/19/2019)
2019-02-195SUMMONS (3) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/19/2019)
2019-02-196STANDING ORDER. Signed by Chief Judge Beryl A. Howell on February 19, 2019. (lcbah1) (Entered: 02/19/2019)
2019-03-187MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Lapinig, :Firm- Asia Americans Advancing Justice Los Angeles, :Address- 1145 Wilshire Blvd, Los Angeles, CA 90017. Phone No. - 1-888-349-9695. Filing fee $ 100, receipt number 0090-6007513. Fee Status: Fee Paid. by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES (Attachments: # 1 Declaration)(Cohen, David) (Entered: 03/18/2019)
2019-03-188MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John Trang, :Firm- Asia Americans Advancing Justice Los Angeles, :Address- 1145 Wilshire Blvd, Los Angeles, CA 90017. Phone No. - 213--241-0225. Filing fee $ 100, receipt number 0090-6007525. Fee Status: Fee Paid. by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES (Attachments: # 1 Declaration)(Cohen, David) (Entered: 03/18/2019)
2019-03-189MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laboni Hoq, :Firm- Asia Americans Advancing Justice Los Angeles, :Address- 1145 Wilshire Blvd, Los Angeles, CA 90017. Phone No. - 213-977-5211. Filing fee $ 100, receipt number 0090-6007527. Fee Status: Fee Paid. by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES (Attachments: # 1 Declaration)(Cohen, David) (Entered: 03/18/2019)
2019-03-19MINUTE ORDER (paperless) GRANTING the plaintiff's 7 Motion for Admission Pro Hac Vice , 8 Motion for Admission Pro Hac Vice , and 9 Motion for Admission Pro Hac Vice . Mr. Lapinig, Mr. Trang and Ms. Hoq may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Chief Judge Beryl A. Howell on March 19, 2019. (lcbah1) (Entered: 03/19/2019)
2019-03-2210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/6/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/5/2019. (Cohen, David) (Entered: 03/22/2019)
2019-03-2211RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE served on 2/25/2019 (Cohen, David) (Entered: 03/22/2019)
2019-03-2212RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/25/2019. (Cohen, David) (Entered: 03/22/2019)
2019-04-17DISCHARGED PURSUANT TO MINUTE ORDER ENTERED ON 4/24/2019.....MINUTE ORDER (paperless) DIRECTING the plaintiff TO SHOW CAUSE, by April 29, 2019, why this action should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23. The 1 Complaint was filed on February 18, 2019 and the defendants were served copies of the summons and complaint on February 25, 2019 and March 6, 2019, respectively. See 10 Return of Service/Affidavit, 11 Return of Service/Affidavit, and 12 Return of Service/Affidavit. No answer or other response has been timely filed, see 5 U.S.C. § 552(a)(4)(C), and no other action taken in the case. Signed by Chief Judge Beryl A. Howell on April 17, 2019. (lcbah1) Modified on 4/25/2019 (hmc). (Entered: 04/17/2019)
2019-04-17Set/Reset Deadlines: Response to Show Cause due by 4/29/2019. (tg) (Entered: 04/17/2019)
2019-04-2313NOTICE (Agreement And Resolution) by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE (Nebeker, William) (Entered: 04/23/2019)
2019-04-24MINUTE ORDER (paperless) DISCHARGING, upon consideration of the parties' 13 Agreement and Resolution, the Court's April 17, 2019 Order to Show Cause and EXTENDING, upon consideration of the defendant's agreement to waive any defense of insufficient service of process, see 13 Agreement and Resolution, the defendant's deadline to answer the plaintiff's 1 Complaint until May 6, 2019. The parties are reminded that "[a] request for a court order must be made by motion." see Fed. R. Civ. P. 7(b). Signed by Chief Judge Beryl A. Howell on April 24, 2019. (lcbah1) (Entered: 04/24/2019)
2019-04-25Set/Reset Deadlines: Defendant's Answer to Plaintiff's Complaint due by 5/6/2019. (hmc) (Entered: 04/25/2019)
2019-05-0614ANSWER to Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE.(Nebeker, William) (Entered: 05/06/2019)
2019-05-2015Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE. (Nebeker, William) (Entered: 05/20/2019)
2019-05-21MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to submit, by May 28, 2019, a Joint Meet and Confer Report consistent with the 6 Standing Order, paragraph 3. Signed by Chief Judge Beryl A. Howell on May 21, 2019. (lcbah1) (Entered: 05/21/2019)
2019-05-21Set/Reset Deadlines: Joint Meet & Confer Statement due by 5/28/2019. (tg) (Entered: 05/21/2019)
2019-05-2816Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Cohen, David) (Entered: 05/28/2019)
2019-05-30MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 16 Joint Status Report ("JSR") and apparent inability to confer effectively on a joint proposed schedule, the following SCHEDULING ORDER: (1) by June 6, 2019, the defendant shall provide the plaintiff with: (a) the information identified in JSR ¶¶ 8(a), (c) and (d) regarding "two previous FOIA requests (by unidentified parties)," JSR ¶ 7; and (b) an estimate of when documents responsive to the "two previous FOIA requests" referenced in JSR ¶¶ 7, 16–18 and proposed to be substituted for plaintiff's requests (a)(2)–(18), would be produced; (2) by June 13, 2019, the parties shall file a joint status report indicating whether they have reached an agreement: (a) to substitute the two previous FOIA requests referenced in JSR ¶¶ 7, 16–18 for plaintiff's requests (a)(2)–(18); (b) on a timeline for the production of records responsive to plaintiff's requests (a)(1) and (b)(1)–(7); and (c) on a proposed scheduling order that reflects the parties' agreement, or, if no agreement has been reached, an explanation for the perceived deficiencies in the opposing party's proposed schedule; (3) if the parties do not reach an agreement for the production of records responsive to the plaintiff's FOIA requests, the parties shall file a joint status report, by July 1, 2019 and every 30 days thereafter, detailing the status of the defendant's search for, and processing of, responsive records so that the Court may ensure expeditious resolution of this matter. Those status reports must include: (a) identification of the search terms used to identify responsive records, as well as the components and records custodians within USCIS subject to the search; (b) the number of responsive records for which processing is completed; (c) the estimated number of responsive records still being processed; (d) the number of responsive records being processed each month; and (e) the estimated date, based on the monthly processing rate, when the processing and production of responsive records to the plaintiff will be completed. Signed by Chief Judge Beryl A. Howell on May 30, 2019. (lcbah1) (Entered: 05/30/2019)
2019-05-30Set/Reset Deadlines: Defendant's submission to plaintiff due by 6/6/2019; Joint Status Report due by 6/13/2019; Joint Status Report due by 7/1/2019, and every 30 days thereafter, if the parties do not reach an agreement for the production of records responsive to plaintiff's FOIA requests. (tg) (Entered: 05/30/2019)
2019-06-1317NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 06/13/2019)
2019-06-1318Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cohen, David) (Entered: 06/13/2019)
2019-07-0119ENTERED IN ERROR.....Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit A)(Cohen, David) Modified on 7/3/2019 (znmw). (Entered: 07/01/2019)
2019-07-0220ERRATA by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES 19 Status Report filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Cohen, David) (Entered: 07/02/2019)
2019-07-0221Amended STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit A)(Cohen, David) (Entered: 07/02/2019)
2019-07-02NOTICE OF HEARING. The parties shall take notice that a Status Hearing is scheduled for 7/9/2019, at 9:30 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) (Entered: 07/02/2019)
2019-07-03NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 19 Status Report was entered in error and was refiled by counsel as Docket Entry 21 Status Report. (znmw) (Entered: 07/03/2019)
2019-07-09Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Status Conference held on 7/9/2019. (Order forthcoming). (Court Reporter: Elizabeth Saint-Loth.) (tg) (Entered: 07/09/2019)
2019-07-09MINUTE ORDER (paperless) ISSUING, upon consideration of the record in this case and the proceedings held on July 9, 2019, the following SCHEDULING ORDER: (1) by July 10, 2019 at 4 P.M., the parties shall complete any consultation needed for the defendant to search for records responsive to part (b) of the plaintiff's FOIA request; (2) by August 8, 2019, the defendant shall complete its search of each of the ten offices identified in the 21 Joint Status Report at 10 for records responsive to parts (a) and (b) of the plaintiff's FOIA request and the parties shall file a joint status report with: (A) the total number of records returned from the defendant's search of each office; (B) the number of records that the defendant will process each month; (C) the estimated date, based on the monthly processing rate, when rolling production of responsive records will begin and end; and (D) a proposed schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on July 9, 2019. (lcbah1) (Entered: 07/09/2019)
2019-07-09Set/Reset Deadlines: The parties shall complete any consultation needed for the defendant to search for records responsive to part (b) of the plaintiff's FOIA request by 7/10/2019. Joint Status Report due by 8/8/2019. (tg) (Entered: 07/09/2019)
2019-07-1522NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE. Attorney Joshua L. Rogers terminated. (Rogers, Joshua) (Entered: 07/15/2019)
2019-08-0823Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (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)(Cohen, David) (Entered: 08/08/2019)
2019-08-12MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 23 Joint Status Report, which indicates that a large volume of pages of potentially responsive records have been identified, amounting to a group of between 28,000 and 37,500 pages and a second group of between 5,946,820 to 11,893,640 pages, the following SCHEDULING ORDER: (1) by September 13, 2019, the defendant shall make a first production of responsive records to the plaintiff; and (2) modifying the SCHEDULING ORDER entered on May 30, 2019, and directing the parties to file a joint status report by September 18, 2019, and every 30 days thereafter, detailing the status of the defendant's search for, and processing of, responsive records so that the Court may ensure expeditious resolution of this matter. Those joint status reports must include: (a) identification of the search terms used to identify responsive records, as well as the components and records custodians within USCIS subject to the search; (b) the number of responsive records for which processing is completed; (c) the estimated number of responsive records still being processed; (d) the number of responsive records being processed each month; (e) the estimated date, based on the monthly processing rate, when the processing and production of responsive records to the plaintiff will be completed; and (f) a full explanation from the defendant for any failure to address any of the items (a)-(e) above. Signed by Chief Judge Beryl A. Howell on August 12, 2019. (lcbah4) (Entered: 08/12/2019)
2019-08-12Set/Reset Deadlines: Defendant's first production of responsive records to the plaintiff due by 9/13/2019; Joint Status Report due by 9/18/2019, and every 30 days thereafter. (tg) (Entered: 08/12/2019)
2019-08-2724NOTICE OF RELATED CASE by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. Case related to Case No. 1:19-cv-02572, 1:19-cv-02573. (Cohen, David) (Entered: 08/27/2019)
2019-09-1825Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit Defendant H)(Cohen, David) (Entered: 09/18/2019)
2019-09-1926NOTICE by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE re 25 Status Report, (Nebeker, William) (Entered: 09/19/2019)
2019-09-26MINUTE ORDER (paperless) DIRECTING the defendant to show cause, by October 4, 2019, why this case should not be consolidated with 19-cv-2572 and 19-cv-2573 pursuant to Federal Rule of Civil Procedure 42. Signed by Chief Judge Beryl A. Howell on September 26, 2019. (lcbah1) (Entered: 09/26/2019)
2019-09-27Set/Reset Deadlines: Defendant's response to show cause due by 10/4/2019. (tg) (Entered: 09/27/2019)
2019-10-0427RESPONSE TO ORDER TO SHOW CAUSE by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE . (Nebeker, William) (Entered: 10/04/2019)
2019-10-07MINUTE ORDER (paperless) CONSOLIDATING, upon consideration of defendant's 27 Notice, this case, Civil Case No. 19-411, with Asian Americans Advancing Justice - Los Angeles v. United States Department of Homeland Security , Civil Case No. 19-2572, and with Asian Americans Advancing Justice - Los Angeles v. United States Immigration & Customs Enforcement , Civil Case No. 19-2573, for all purposes. See Local Civil Rule 40.5 and Federal Rule of Civil Procedure 42. The parties are directed that all filings in these consolidated cases should be made only in Case No. 19-411. The Clerk shall close Case No. 19-2572 and Case No. 19-2573 and transfer whatever parties are not identical to Case No. 19-411. Signed by Chief Judge Beryl A. Howell on October 7, 2019. (lcbah1) (Entered: 10/07/2019)
2019-10-07CASE CONSOLIDATED. Case 19-2572 and Case No. 19-2573 ; have been consolidated with 19-411pursuant to a MINUTE ORDER entered 10/07/2019. From this date forward all pleadings shall be filed ONLY in Civil Action No. 19-411. The parties are advised NOT to elect to SPREAD text when filing in ECF, as this will result in repetitive docketing and emails (Johnson, Reginald) (Entered: 10/07/2019)
2019-10-0928TRANSCRIPT OF PROCEEDINGS, before Chief Judge Beryl A. Howell, held on 07-09-2019. Page Numbers: 1 - 15. Date of Issuance: 10-09-2019. Court Reporter: Elizabeth SaintLoth; Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced a bove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/30/2019. Redacted Transcript Deadline set for 11/9/2019. Release of Transcript Restriction set for 1/7/2020.(Saint-Loth, Elizabeth) (Entered: 10/09/2019)
2019-10-1429NOTICE of Appearance by Aaron L. Renenger on behalf of ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES (Renenger, Aaron) (Entered: 10/14/2019)
2019-10-1530Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Renenger, Aaron) (Entered: 10/15/2019)
2019-10-16MINUTE ORDER (paperless) DIRECTING, upon consideration of the 30 Joint Status Report, Asian Americans Advancing Justice – Los Angeles, the United States Immigration and Customs Enforcement, and the United States Department of Homeland Security to submit a joint status report by November 18, 2019, and every 30 days thereafter, in combination with the joint status reports to be filed for the United States Citizenship and Immigration Service, see Min. Order (Aug. 12, 2019). Signed by Chief Judge Beryl A. Howell on October 16, 2019. (lcbah1) (Entered: 10/16/2019)
2019-10-16Set/Reset Deadlines: Joint Status Report due by 11/18/2019, and every 30 days thereafter, in combination with the joint status reports to be filed for the United States Citizenship and Immigration Service. (tg) (Entered: 10/16/2019)
2019-10-1831Joint STATUS REPORT for AAAJ-LA and USCIS by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Renenger, Aaron) (Entered: 10/18/2019)
2019-11-0132NOTICE OF WITHDRAWAL OF APPEARANCE as to ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. Attorney Laboni Hoq and John C. Trang terminated. (Renenger, Aaron) (Entered: 11/01/2019)
2019-11-1833Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit 1)(Renenger, Aaron) (Entered: 11/19/2019)
2019-11-1934NOTICE of Exhibit 2 to Joint Status Report by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES re 33 Status Report (Renenger, Aaron) (Entered: 11/19/2019)
2019-11-1935NOTICE of Exhibit 3 to Joint Status Report by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES re 33 Status Report (Renenger, Aaron) (Entered: 11/19/2019)
2019-11-19MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 33 Joint Status Report ("JSR"), that (1) United States Citizenship and Immigration Service ("USCIS") prioritize the production of the Working Group Leaders' documents and produce those records at a rate of at least 750 processed pages per month, with the first such production to occur by December 18, 2019, in light of USCIS's attempt to condition fulfillment of its obligation to make records promptly available to plaintiff, see 5 U.S.C. § 552(a)(6)(C)(i), on plaintiff agreeing to a modification of the scope of the request that would require plaintiff to completely forego any rights held with regard to documents, already identified by USCIS as potentially responsive, without adequate assurance that those pages do not contain unique records demonstrating USCIS's basis for issuing the New NTA Policy, see JSR ¶ 10; and (2) United States Immigration and Customs Enforcement ("ICE") identify, by November 26, 2019, and produce to plaintiff the search terms used for ICE's already-completed search and the components and records custodians within ICE that were subject to search. Signed by Chief Judge Beryl A. Howell on November 19, 2019. (lcbah1) (Entered: 11/19/2019)
2019-11-19Set/Reset Deadlines: Defendant USCIS' production, at a rate of at least 750 processed pages per month, of the Working Group Leaders documents due by 12/18/2019; ICE's production of the search terms used for ICE's already-completed search and the components and records custodians within ICE that were subject to search due by 11/26/2019. (tg) Modified ICE's production deadline on 11/19/2019 (tg). (Entered: 11/19/2019)
2019-11-19NOTICE OF CORRECTED DOCKET ENTRY. The parties shall take notice of the following corrected deadline. The deadline for ICE's production of the search terms used for ICE's already-completed search and the components and records custodians within ICE that were subject to search is due by 11/26/2019. (tg) (Entered: 11/19/2019)
2019-12-1736NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney Mark Nebeker (Jones, Sian) (Entered: 12/17/2019)
2019-12-1837Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Jones, Sian) (Entered: 12/18/2019)
2019-12-23MINUTE ORDER (paperless) CLARIFYING, upon consideration of the parties' 37 Joint Status Report, that the November 19, 2019 minute order directing United States Citizenship and Immigration Service ("USCIS") to "produce … records at a rate of at least 750 processed pages per month," Min. Ord. (Nov. 19, 2019), requires that USCIS process at least 750 pages of records per month and produce the pages yielded by such processing; and further DIRECTING United States Department of Homeland Security ("DHS") to file a status report by January 6, 2020 advising the Court as to (1) DHS's progress on conducting the agreed-upon searches and (2) when these agreed-upon searches will be completed. Signed by Chief Judge Beryl A. Howell on December 23, 2019. (lcbah1) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines: Joint Status Report due by 1/6/2020. (hmc) (Entered: 12/23/2019)
2020-01-0638STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Jones, Sian) (Entered: 01/06/2020)
2020-01-0939RESPONSE re 38 Status Report by UNITED STATES DEPARTMENT OF HOMELAND SECURITY filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cohen, David) (Entered: 01/09/2020)
2020-01-1740Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Renenger, Aaron) (Entered: 01/17/2020)
2020-02-1841ENTERED IN ERROR.....Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Cohen, David) Modified on 2/19/2020 (jf). (Entered: 02/18/2020)
2020-02-19NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 41 Status Report was entered in error and counsel was instructed to refile said pleading with corrected signature(s). (jf) (Entered: 02/19/2020)
2020-02-1942Joint STATUS REPORT CORRECTED by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Cohen, David) (Entered: 02/19/2020)
2020-03-1943Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 03/19/2020)
2020-03-24MINUTE ORDER (paperless) DIRECTING, in light of the parties' 43 Joint Status Report, the United States Department of Homeland Security ("DHS") and the United States Immigration and Customs Enforcement ("ICE") to SUBMIT, by March 27, 2020, a status report in which (1) DHS must explain why it has taken no action in this matter since January 14, 2020, and (2) ICE must (a) estimate when DHS and the United States Citizenship and Immigration Service will finish review of the documents referred to them, or (b) if that is not possible, thoroughly explain the efforts ICE has taken to obtain such an estimate. Signed by Chief Judge Beryl A. Howell on March 24, 2020. (lcbah1) (Entered: 03/24/2020)
2020-03-2744STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit Holzer Declaration)(Jones, Sian) (Entered: 03/27/2020)
2020-04-0145RESPONSE re 44 Status Report filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Cohen, David) (Entered: 04/01/2020)
2020-04-0646RESPONSE re 45 Re ECF 45 filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Jones, Sian) Modified to add link on 4/8/2020 (znmw). (Entered: 04/06/2020)
2020-04-2047Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Cohen, David) (Entered: 04/20/2020)
2020-05-2048Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jones, Sian) (Entered: 05/20/2020)
2020-05-21MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 48 Joint Status Report ("JSR"), the United States Department of Homeland Security ("DHS") to SUBMIT, by May 27, 2020, the date by which it anticipates completing its three-step process for evaluating the responsiveness of the data returned from Office of the Chief Information Officer searches, see JSR ¶ 36; and FURTHER DIRECTING the plaintiff and the United States Immigration and Customs Enforcement ("ICE") to SUBMIT, by June 5, 2020, a joint status report advising the Court of any issues in dispute and proposing a schedule for dispositive briefing and the filing of a Vaughn Index. The plaintiff and ICE need no longer submit monthly joint status reports in combination with the monthly joint status reports that pertain to the production of DHS and United States Citizenship and Immigration Service documents. Signed by Chief Judge Beryl A. Howell on May 21, 2020. (lcbah1) (Entered: 05/21/2020)
2020-05-21Set/Reset Deadlines: Response to Order of the Court due by 5/27/2020; Joint Status Report due by 6/5/2020. (tg) (Entered: 05/21/2020)
2020-05-2749STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Jones, Sian) (Entered: 05/27/2020)
2020-06-0550Joint STATUS REPORT by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 06/05/2020)
2020-06-08MINUTE ORDER (paperless) as to defendant United States Immigration and Customs Enforcement ("ICE") ISSUING, upon consideration of the plaintiff and ICE's 50 Joint Status Report, the following SCHEDULING ORDER: (1) by July 6, 2020, ICE will submit to the plaintiff a draft Vaughn index covering redactions pursuant to Freedom of Information Act ("FOIA") Exemptions (b)(5) and (b)(7)(E); (2) by August 17, 2020, ICE will submit to the plaintiff a revised draft Vaughn index that covers redactions pursuant to Exemptions (b)(5) and (b)(7)(E) and that addresses any additional challenges by the plaintiff to claimed FOIA exemptions; (3) by September 14, 2020, the plaintiff and ICE will agree to a finalized list of challenged redactions and withheld material; (4) by October 8, 2020, ICE will submit to the plaintiff the finalized Vaughn index; (5) by October 29, 2020, ICE will file any motion for summary judgment and the finalized Vaughn index; (6) by December 14, 2020, the plaintiff will file any opposition to ICE's motion for summary judgment; and (7) by January 4, 2021, ICE will file any reply in support of its motion for summary judgment. Signed by Chief Judge Beryl A. Howell on June 8, 2020. (lcbah1) (Entered: 06/08/2020)
2020-06-08Set/Reset Deadlines: ICE's draft Vaughn index due by 7/6/2020; ICE's revised Vaughn index due by 8/17/2020; plaintiff's and ICE's agreement as to finalized list of challenged redactions and withheld material due by 9/14/2020; ICE's finalized Vaughn Index due by 10/8/2020; ICE's summary Judgment motion and the finalized Vaughn Index due by 10/29/2020; opposition to the motion for summary judgment due by 12/14/2020; reply 1/4/2021. (ztg) (Entered: 06/08/2020)
2020-06-1951Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Attachments: # 1 Exhibit A)(Cohen, David) (Entered: 06/19/2020)
2020-06-22MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 51 Joint Status Report, United States Citizenship and Immigration Services ("USCIS"), by June 26, 2020, to file a supplemental status report that (1) explains the mistake that caused it to misreport the number of pages produced by searches of the emails of the Working Group Leaders, and (2) proposes a production schedule that will ensure the plaintiff's Freedom of Information Act request is processed in a timely fashion; and further DIRECTING the plaintiff, by June 30, 2020, to respond to USCIS's supplemental status report. Signed by Chief Judge Beryl A. Howell on June 22, 2020. (lcbah1) (Entered: 06/22/2020)
2020-06-22Set/Reset Deadlines: United States Citizenship and Immigration Services' Supplemental status report due by 6/26/2020; plaintiff's response due by 6/30/2020. (ztg) Modified deadlines on 6/22/2020 (ztg). (Entered: 06/22/2020)
2020-06-2652STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE. (Attachments: # 1 Declaration)(Jones, Sian) (Entered: 06/26/2020)
2020-06-3053RESPONSE re 52 Status Report by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Renenger, Aaron) (Entered: 06/30/2020)
2020-07-13MINUTE ORDER (paperless) DIRECTING, upon consideration of United States Citizenship and Immigration Services' ("USCIS") 52 Status Report ("USCIS Status Report") and plaintiff's 53 Response to USCIS Status Report ("Pl.'s Resp."), USCIS to continue to produce records at a rate of at least 750 processed pages per month, as previously directed, see Min. Orders (Dec. 23, 2019 & Nov. 19, 2019). Plaintiff requests an increase to this rate of production, "monthly Vaughn indices to accompany each of [USCIS'] productions going forward," and imposition of "a firm deadline of December 17, 2020 by which USCIS must complete its productions of records to Plaintiff." Pl.'s Resp. at ¶ 10. Plaintiff's proposed deadline appears unrealistic, given the breadth of the FOIA request at issue, see Pl.'s FOIA Request to USCIS, ECF No. 1-1 (request comprised of 25 subparts asking that "at a minimum, responsive Records be retrieved from" ten separate locations, id. at 8), and since "USCIS has experienced a significant increase in the amount of FOIA requests it receives and processes during the past several years," "the requests have increased in the breadth and complexity," "USCIS is also involved in nearly 80 FOIA federal court cases, many of which also have recurring deadlines, like the one in the instant case," "the COVID-19 pandemic has created a number of logistical and administrative obstacles," and "USCIS expects to exhaust [its existing] funds on or around August 3, 2020," at which point, absent congressional action, USCIS will have to "furlough over 13,000 employees," USCIS Status Report at ¶¶ 4-5. By USCIS' current estimate, millions of pages of potentially responsive records are yet to be processed for production, see USCIS Status Report at ¶ 3 (noting that "the resulting records could still be 3-to-6-million pages"), which production, at the current pace, will not be completed for many years, see 51 Joint Status Report ("JSR") at ¶ 5. Nevertheless, plaintiff insists, as FOIA permits, on moving forward with broadly written requests. See, e.g. , JSR ¶ 8 (indicating that "[w]hile the parties briefly discussed the possibility of refining search terms in order to narrow and target the results being produced," plaintiff does not currently have interest in pursuing this course of action). In such circumstances, entry of a stay, see Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976), allowing the agency "additional time to complete its review of the records," 5 U.S.C. § 552(a)(6)(C)(i), may be authorized, particularly when the requestor declines "to reasonably modify the scope of a request or arrange an alternative time frame for processing a request... after being given an opportunity to do so by the agency," id. § 552(a)(6)(C)(iii). See, e.g. , Mem. Op. & Order, Shapiro v. Dep't of Justice , No. 12-cv-00313-BAH (Dec. 8, 2014), ECF No. 61 (granting three-year Open America stay). No motion for an Open America stay has been filed by USCIS in this case. Accordingly, no alteration to prior directions given to USCIS is warranted. Signed by Chief Judge Beryl A. Howell on July 13, 2020. (lcbah1) (Entered: 07/13/2020)
2020-07-2054Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Jones, Sian) (Entered: 07/20/2020)
2020-08-1955Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Renenger, Aaron) (Entered: 08/19/2020)
2020-08-2156Unopposed MOTION for Extension of Time to Scheduling Order, Nunc Pro Tunc by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 08/21/2020)
2020-08-24MINUTE ORDER (paperless) GRANTING, nunc pro tunc , defendant United States Immigration and Customs Enforcement's ("ICE") 56 Motion for Extension of Scheduling Order Nunc Pro Tunc , and revising the summary judgment SCHEDULING ORDER as follows: (1) by August 31, 2020, ICE will submit to the plaintiff a revised draft Vaughn index that covers redactions pursuant to Exemptions (b)(5) and (b)(7)(E) and that addresses any additional challenges by the plaintiff to claimed FOIA exemptions; (2) by September 28, 2020, the plaintiff and ICE will agree to a finalized list of challenged redactions and withheld material; (3) by October 22, 2020, ICE will submit to the plaintiff the finalized Vaughn index; (4) by November 12, 2020, ICE will file any motion for summary judgment and the finalized Vaughn index; (5) by December 28, 2020, the plaintiff will file any opposition to ICE's motion for summary judgment; and (6) by January 18, 2021, ICE will file any reply in support of its motion for summary judgment. Signed by Chief Judge Beryl A. Howell on August 24, 2020. (lcbah1) (Entered: 08/24/2020)
2020-08-25Set/Reset Deadlines: ICE's revised draft Vaughn Index to the plaintiff due by 8/31/2020. Finalized list of challenged redactions and withheld material due by 9/28/2020. ICE's finalized Vaughn Index to the plaintiff due by 10/22/2020. ICE's Motion for Summary Judgment and finalized Vaughn Index due by 11/12/2020. Plaintiffs opposition to ICE's Motion for Summary Judgment due by 12/28/2020. ICE's Reply in support of its Motion for Summary Judgment due by 1/18/2021. (hmc) (Entered: 08/25/2020)
2020-09-1857Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Jones, Sian) (Entered: 09/18/2020)
2020-10-1958Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Renenger, Aaron) (Entered: 10/19/2020)
2020-11-1259MOTION for Summary Judgment by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C.1, # 7 Exhibit C.2, # 8 Exhibit C.3, # 9 Text of Proposed Order)(Jones, Sian) (Entered: 11/12/2020)
2020-11-1860Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Jones, Sian) (Entered: 11/18/2020)
2020-12-1861Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Cohen, David) (Entered: 12/18/2020)
2020-12-2862Cross MOTION for Summary Judgment by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Text of Proposed Order)(Renenger, Aaron) (Entered: 12/28/2020)
2020-12-29NOTICE OF ERROR re 62 Motion for Summary Judgment; emailed to arenenger@milbank.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney signature must match login/password in future fillings. (zeg, ) (Entered: 12/29/2020)
2021-01-1263Consent MOTION for Extension of Time to File by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 01/12/2021)
2021-01-14MINUTE ORDER (paperless) GRANTING defendant U.S. Immigration and Customs Enforcement's ("ICE") 63 Consent Motion for Extension of Time to File, DIRECTING defendant ICE to file any reply in support of its motion for summary judgment by January 19, 2021, and DIRECTING plaintiff to file any reply in support of its cross-motion for summary judgment by February 2, 2021. Signed by Chief Judge Beryl A. Howell on January 14, 2021. (lcbah1) (Entered: 01/14/2021)
2021-01-14Set/Reset Deadlines: ICE's reply in support of its motion for summary judgment due by 1/19/2021; plaintiff's reply in support of cross-motion due by 2/2/2021. (ztg) (Entered: 01/14/2021)
2021-01-1964Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Renenger, Aaron) (Entered: 01/19/2021)
2021-01-1965Memorandum in opposition to re 62 Cross MOTION for Summary Judgment and Reply In Support of ICE's Motion for Summary Judgment filed by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Statement of Facts Response to Pl's Statement)(Jones, Sian) Modified docket event/text on 1/21/2021 (eg). (Entered: 01/19/2021)
2021-01-1966REPLY to opposition to motion re 59 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (View Docket Entry 65 to view document). (eg) (Entered: 01/21/2021)
2021-02-0267REPLY to opposition to motion re 62 Cross MOTION for Summary Judgment Reply In Support of Cross-Motion for Summary Judgment filed by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Cohen, David) (Entered: 02/02/2021)
2021-02-1868Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Jones, Sian) (Entered: 02/18/2021)
2021-03-2269Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Renenger, Aaron) (Entered: 03/22/2021)
2021-04-1670Joint STATUS REPORT by ASIAN AMERICANS ADVANCING JUSTICE - LOS ANGELES. (Renenger, Aaron) (Entered: 04/16/2021)
2021-05-1771Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 05/17/2021)
2021-05-29MINUTE ORDER (paperless) DIRECTING the parties, in their joint status report due June 16, 2021, to advise the Court whether a status conference would aid the parties' efforts to finalize their tentative agreement since this "finalizing" process has been ongoing since at least April 16, 2021, see 70 71 Joint Status Reports, unless a notice of dismissal is filed before then. Signed by Chief Judge Beryl A. Howell on May 29, 2021. (lcbah1) (Entered: 05/29/2021)
2021-06-01Set/Reset Deadlines: Joint Status Report due by 6/16/2021. (ztg) (Entered: 06/01/2021)
2021-06-1672STIPULATION of Dismissal by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 06/16/2021)
2021-06-20MINUTE ORDER (paperless) DISMISSING, upon consideration of the parties' joint 72 Stipulation of Dismissal, this action, with prejudice. See Fed. R. Civ. P. 41(a)(1)(a)(ii). The Clerk of the Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on June 20, 2021. (lcbah1) (Entered: 06/20/2021)
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