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Case TitleImmigrant Defense Project v. United States Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv02520
Date Filed2019-03-21
Date ClosedOpen
JudgeJudge P. Kevin Castel
PlaintiffImmigrant Defense Project
Case DescriptionThe Immigrant Defense Project submitted a FOIA request to U.S. Immigration and Customs Enforcement for records in the agency's New York and Buffalo offices' concerning the agency's policy of courthouse arrests of immigrants. The agency acknowledged receipt of the request and told the Immigrant Defense Project that it could find no records. The Project filed an administrative appeal. ICE remanded the case for a further search. After hearing nothing further from the agency, the Immigrant Defense Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Immigration and Customs Enforcement
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-211COMPLAINT against United States Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number ANYSDC-16537649)Document filed by Immigrant Defense Project. (Attachments: # 1 Exhibit A - IDP Cardozo FOIA, # 2 Exhibit B - ICE Response to Requester, # 3 Exhibit C - ICE FOIA Admin Appeal Letter, # 4 Exhibit D - FOIA Appeal 2018-ICAP-00426; 2018-ICFO-25625, # 5 Exhibit E - October 3, 2018 Letter to ICE-FOIA, # 6 Exhibit F- November 16, 2018 Letter to ICE-FOIA, # 7 Exhibit G - November 20, 2018 ICE email, # 8 Exhibit H - February 8, 2019 Letter to ICE-FOIA, # 9 Exhibit I - February 14, 2019 ICE email, # 10 Exhibit J - Denver FOIA 201)(Cantor, Daniel) (Entered: 03/21/2019)
2019-03-212CIVIL COVER SHEET filed. (Cantor, Daniel) (Entered: 03/21/2019)
2019-03-213FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Immigrant Defense Project. (Cantor, Daniel) Modified on 3/22/2019 (jgo). (Entered: 03/21/2019)
2019-03-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (jgo) (Entered: 03/22/2019)
2019-03-22Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 03/22/2019)
2019-03-22Case Designated ECF. (jgo) (Entered: 03/22/2019)
2019-03-22***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Lucas Cantor to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text does not exactly match initial pleading caption; party name on the PDF 'To' section does not exactly match initial pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 03/22/2019)
2019-03-224REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Immigrant Defense Project. (Cantor, Daniel) (Entered: 03/22/2019)
2019-03-255ORDER TO ANSWER. This Court, having received the Complaint, hereby ORDERS that: The United States Attorney for the Southern District of New York must respond within 60 days. The petitioner may file a reply within 14 days of the filing of the response. It is further ORDERED that the Clerk of Court transmit a copy of this Order and the Complaint to the United States Attorney for this District, Attention: Chief of the Civil Division. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/25/2019) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 03/25/2019)
2019-03-25Mailed a copy of 5 Order to Answer, 1 Complaint, to United States Attorney for this District, Attention: Chief of the Civil Division, SDNY, 86 Chambers Street NY, NY 10007. (aea) (Entered: 03/25/2019)
2019-03-256ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (dnh) (Entered: 03/25/2019)
2019-03-287AFFIDAVIT OF SERVICE of Summons In a Civil Action, Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Individual Practices of Judge P. Kevin Castel, Individual Practices of Magistrate Judge Gabriel W. Gorenstein, Southern District of New York Electronic Case Filing Rules & Instructions, and Order to Answer served on UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. Service was accepted by Angela Florentino-Rios. Document filed by Immigrant Defense Project. (Cantor, Daniel) (Entered: 03/28/2019)
2019-04-188NOTICE OF APPEARANCE by Steven John Kochevar on behalf of United States Immigration and Customs Enforcement. (Kochevar, Steven) (Entered: 04/18/2019)
2019-05-239ANSWER to 1 Complaint,,. Document filed by United States Immigration and Customs Enforcement.(Kochevar, Steven) (Entered: 05/23/2019)
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