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Case TitleGarcia Gonzalez v. US Citizenship & Immigration Services et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv02911
Date Filed2019-04-02
Date ClosedOpen
JudgeJudge John G. Koeltl
PlaintiffDelfino Garcia Gonzalez
Case DescriptionDelfino Garcia Gonzalez, who had been detained by U.S. Immigration and Customs Enforcement, submitted FOIA requests to ICE and U.S. Citizenship and Immigration Services for records concerning his immigration status. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Gonzalez filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Citizenship & Immigration Services
TERMINATED: 09/26/2019
DefendantUS Citizenship & Immigration Services
DefendantUS Department of Homeland Security
DefendantImmigration and Customs Enforcement
DefendantU.S. Immigration & Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-021COMPLAINT against US Citizenship & Immigration Services, US Department of Homeland Security. (Filing Fee $ 400.00, Receipt Number ANYSDC-16606892)Document filed by DELFINO GARCIA GONZALEZ. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - FOIA Receipt Confirmation)(Levine, Zoe) (Entered: 04/02/2019)
2019-04-022CIVIL COVER SHEET filed. (Levine, Zoe) (Entered: 04/02/2019)
2019-04-03***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Zoe Pokempner Levine. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Orange;. (jgo) (Entered: 04/03/2019)
2019-04-03***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zoe Pokempner Levine. The party information for the following party/parties has been modified: Delfino Garcia Gonzalez. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) (Entered: 04/03/2019)
2019-04-03CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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: 04/03/2019)
2019-04-03Magistrate Judge Debra C. Freeman 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: 04/03/2019)
2019-04-03Case Designated ECF. (jgo) (Entered: 04/03/2019)
2019-05-033NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of US Citizenship & Immigration Services, US Department of Homeland Security. (Kahane, Joshua) (Entered: 05/03/2019)
2019-05-034LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Joshua Kahane dated 5/3/19. Document filed by US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 05/03/2019)
2019-05-075ORDER granting 4 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 5/6/2019) (ks) (Entered: 05/07/2019)
2019-05-15Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 7/8/2019 at 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 05/15/2019)
2019-05-246ANSWER to 1 Complaint,. Document filed by US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 05/24/2019)
2019-06-147FIRST AMENDED COMPLAINT amending 1 Complaint, against US Citizenship & Immigration Services, US Department of Homeland Security, Immigration and Customs Enforcement.Document filed by Delfino Garcia Gonzalez. Related document: 1 Complaint. (Attachments: # 1 Supplement Certification of Consent, # 2 Exhibit A - USCIS FOIA request, # 3 Exhibit B - USCIS confirmation letter, # 4 Exhibit C - USCIS FOIA response letter, # 5 Exhibit D - ICE FOIA request, # 6 Exhibit E - ICE FOIA response letter, # 7 Exhibit F - ICE FOIA appeal acknowledgment letter, # 8 Exhibit G - ICE FOIA appeal supplemental email, # 9 Exhibit H - ICE FOIA appeal response letter, # 10 Exhibit I - email communications between counsel and ICE)(Levine, Zoe) (Entered: 06/14/2019)
2019-06-18***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zoe Pokempner Levine. The party information for the following party/parties has been modified: U.S. Immigration & Customs Enforcement. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) (Entered: 06/18/2019)
2019-06-208FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint, 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) Modified on 6/21/2019 (dnh). (Entered: 06/20/2019)
2019-06-209FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration & Customs Enforcement, re: 1 Complaint, 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) Modified on 6/21/2019 (dnh). (Entered: 06/20/2019)
2019-06-2010FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship & Immigration Services, re: 1 Complaint, 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) Modified on 6/21/2019 (dnh). (Entered: 06/20/2019)
2019-06-2011FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States, re: 1 Complaint, 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) Modified on 6/21/2019 (dnh). (Entered: 06/20/2019)
2019-06-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Zoe Pokempner Levine to RE-FILE Document No. 9 Request for Issuance of Summons, 8 Request for Issuance of Summons, 10 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons may only be linked to one pleading. 11 Request for Issuance of Summons. 'As to' Error; summons may only be issued to parties of record, United States is not a party to the case. 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. (dnh) Modified on 6/21/2019 (dnh). (Entered: 06/21/2019)
2019-06-2312REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 06/23/2019)
2019-06-2313REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration & Customs Enforcement, re: 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 06/23/2019)
2019-06-2314REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship & Immigration Services, re: 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 06/23/2019)
2019-06-2415ELECTRONIC SUMMONS ISSUED as to US Citizenship & Immigration Services. (sj) (Entered: 06/24/2019)
2019-06-2416ELECTRONIC SUMMONS ISSUED as to U.S. Immigration & Customs Enforcement. (sj) (Entered: 06/24/2019)
2019-06-2417ELECTRONIC SUMMONS ISSUED as to US Department of Homeland Security. (sj) (Entered: 06/24/2019)
2019-06-2818ANSWER to 7 Amended Complaint,,,. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security. (Attachments: # 1 Exhibit 1)(Kahane, Joshua) (Entered: 06/28/2019)
2019-07-0219AFFIDAVIT OF SERVICE. US Department of Homeland Security served on 6/25/2019, answer due 7/16/2019. Service was accepted by Felippe Moncarz. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 07/02/2019)
2019-07-0220AFFIDAVIT OF SERVICE. US Citizenship & Immigration Services served on 6/25/2019, answer due 7/16/2019. Service was accepted by Felippe Moncarz. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 07/02/2019)
2019-07-0221AFFIDAVIT OF SERVICE. U.S. Immigration & Customs Enforcement served on 6/26/2019, answer due 7/17/2019. Service was accepted by Bryan Hudson. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 07/02/2019)
2019-07-0222AFFIDAVIT OF SERVICE (FOIA CASE). Service was accepted by C Gordon. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 07/02/2019)
2019-07-0323JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Joshua Kahane dated 7/3/19. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 07/03/2019)
2019-07-0324STATUS REPORT. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 07/03/2019)
2019-07-0825ORDER granting 23 JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Joshua Kahane dated 7/3/19. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security. Adjourned to Monday, July 22, 2019, at 4:30pm. So ordered. (Initial Conference set for 7/22/2019 at 04:30 PM before Judge John G. Koeltl). (Signed by Judge John G. Koeltl on 7/3/2019) (rjm) (Entered: 07/08/2019)
2019-07-1926STATUS REPORT. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 07/19/2019)
2019-07-22Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 7/22/2019. (Fletcher, Donnie) (Entered: 07/30/2019)
2019-07-2327ORDER: As explained at the hearing today, the plaintiff shall file a second amended complaint by August 1, 2019. The defendant should respond to the second amended complaint by answer or motion within ten days after the plaintiff files the second amended complaint. The parties are directed to update the Court on the status of the case by August 12, 2019. SO ORDERED. (Signed by Judge John G. Koeltl on 7/22/2019) ( Amended Pleadings due by 8/1/2019.) (ks) (Entered: 07/23/2019)
2019-07-3128FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SECOND AMENDED COMPLAINT amending 7 Amended Complaint,,, against U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.Document filed by Delfino Garcia Gonzalez. Related document: 7 Amended Complaint,,,. (Attachments: # 1 Exhibit A - USCIS FOIA Request, # 2 Exhibit B - USCOS FOIA Receipt Confirmation, # 3 Exhibit C - USCIS FOIA Response Letter, # 4 Exhibit D - USCIS FOIA Request, # 5 Exhibit E - ICE FOIA Response Letter, # 6 Exhibit F - ICE FOIA Appeal Acknowledgment Letter, # 7 Exhibit G - ICE FOIA Appeal Supplement Email, # 8 Exhibit H - ICE FOIA Appeal Response Letter, # 9 Exhibit I - Email Communications with ICE, # 10 Exhibit J - ICE First Interim Response Letter, # 11 Exhibit K - ICE Final Response Letter)(Levine, Zoe) Modified on 8/1/2019 (pc). (Entered: 07/31/2019)
2019-08-01***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Zoe Pokempner Levine to RE-FILE Document No. 28 Amended Complaint,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title reads "First Amended Complaint". Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) (Entered: 08/01/2019)
2019-08-0129LETTER MOTION for Conference re: 27 Order,, Set Deadlines, 28 Amended Complaint,,, re: partial motion to dismiss USCIS addressed to Judge John G. Koeltl from Joshua Kahane dated 8/1/19. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 08/01/2019)
2019-08-0130SECOND AMENDED COMPLAINT amending 7 Amended Complaint,,, against U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.Document filed by Delfino Garcia Gonzalez. Related document: 7 Amended Complaint,,,. (Attachments: # 1 Exhibit A - USCIS FOIA Request, # 2 Exhibit B - USCIS Receipt Confirmation, # 3 Exhibit C - USCIS Response Letter, # 4 Exhibit D- ICE FOIA Request, # 5 Exhibit E - ICE FOIA Response Letter, # 6 Exhibit F - ICE FOIA Appeal Acknowledgment Letter, # 7 Exhibit G - ICE FOIA Appeal Supplemental Letter, # 8 Exhibit H - ICE FOIA Appeal Response Letter, # 9 Exhibit I - Email Communications with ICE, # 10 Exhibit J - ICE First Interim Response Letter, # 11 Exhibit K - ICE Final Response Letter)(Levine, Zoe) (Entered: 08/01/2019)
2019-08-0531ORDER granting 29 Letter Motion for Conference. 1. Pre-Motion conference scheduled for 9/19/19 at 4:30 P.M. 2. Deadline stayed pending rescheduling at the conference. SO ORDERED. (Signed by Judge John G. Koeltl on 8/5/2019) Pre-Motion Conference set for 9/19/2019 at 04:30 PM before Judge John G. Koeltl. (ks) (Entered: 08/05/2019)
2019-09-1732JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Joshua Kahane dated 9/17/19. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 09/17/2019)
2019-09-1833ORDER granting in part and denying in part 32 Letter Motion to Adjourn Conference. Conference adjourned to Wednesday, October 2, 2019, at 4:30 PM. SO ORDERED. (Signed by Judge John G. Koeltl on 9/17/2019) Pre-Motion Conference set for 10/2/2019 at 04:30 PM before Judge John G. Koeltl. (ks) (Entered: 09/18/2019)
2019-09-2634PROPOSED STIPULATION AND ORDER. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security. (Kahane, Joshua) (Entered: 09/26/2019)
2019-09-2635JOINT LETTER addressed to Judge John G. Koeltl from Joshua Kahane dated 9/26/19 re: proposed briefing schedule. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 09/26/2019)
2019-09-2636MEMO ENDORSEMENT: on re: 35 Letter filed by US Citizenship & Immigration Services, U.S. Immigration & Customs Enforcement, US Department of Homeland Security. ENDORSEMENT: Application Granted. SO ORDERED., U.S. Immigration & Customs Enforcement answer due 10/4/2019; US Citizenship & Immigration Services answer due 10/4/2019; US Department of Homeland Security answer due 10/4/2019.( Cross Motions due by 1/3/2020., Motions due by 11/26/2019., Responses due by 1/24/2020, Replies due by 2/14/2020.) (Signed by Judge John G. Koeltl on 9/26/2019) (ama) (Entered: 09/26/2019)
2019-09-2637STIPULATION AND ORDER OF PARTIAL VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that USCIS is voluntarily dismissed as a defendant in this action, with prejudice, with the parties to bear theirown costs and fees. SO ORDERED., US Citizenship & Immigration Services terminated. (Signed by Judge John G. Koeltl on 9/26/2019) (ama) (Entered: 09/26/2019)
2019-10-0238ORDER: The Court, having approved the motion scheduled by memo endorsement of September 26, 2019, cancels the conference scheduled for Wednesday, October 2, 2019. SO ORDERED. (Signed by Judge John G. Koeltl on 10/1/2019) (ks) (Entered: 10/02/2019)
2019-10-0439ANSWER to 30 Amended Complaint,,,. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security. (Attachments: # 1 Exhibit 1)(Kahane, Joshua) (Entered: 10/04/2019)
2019-11-2640MOTION for Summary Judgment . Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. Responses due by 1/3/2020(Kahane, Joshua) (Entered: 11/26/2019)
2019-11-2641MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment . . Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 11/26/2019)
2019-11-2642DECLARATION of Toni Fuentes in Support re: 40 MOTION for Summary Judgment .. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Kahane, Joshua) (Entered: 11/26/2019)
2019-11-2643NOTICE of Filing Ex Parte, In Camera Declaration re: 40 MOTION for Summary Judgment .. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 11/26/2019)
2020-01-0344MOTION for Summary Judgment . Document filed by Delfino Garcia Gonzalez.(Levine, Zoe) (Entered: 01/03/2020)
2020-01-0345MOTION to Unseal Document or Strike . Document filed by Delfino Garcia Gonzalez.(Levine, Zoe) (Entered: 01/03/2020)
2020-01-0346MEMORANDUM OF LAW in Support re: 45 MOTION to Unseal Document or Strike ., 44 MOTION for Summary Judgment . . Document filed by Delfino Garcia Gonzalez. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit A-6, # 7 Exhibit A-7, # 8 Exhibit A-8, # 9 Exhibit A-9, # 10 Exhibit A-10, # 11 Exhibit A-11, # 12 Exhibit A-12, # 13 Exhibit A-12 cont'd)(Levine, Zoe) (Entered: 01/03/2020)
2020-01-1347LETTER addressed to Judge John G. Koeltl from Joshua Kahane dated 1/13/20 re: word limit enlargement. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security.(Kahane, Joshua) (Entered: 01/13/2020)
2020-01-1448MEMO ENDORSEMENT on re: 47 Letter filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. ENDORSEMENT: Application granted, although the Court strongly questions the need for the extension. So Ordered. (Signed by Judge John G. Koeltl on 1/13/2020) (ks) (Entered: 01/14/2020)
2020-01-2449REPLY MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Plaintiff's Motion to Strike or Order Partial Disclosure of Defendants' Ex Parte, In Camera Filing . Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 01/24/2020)
2020-01-2450DECLARATION of Toni Fuentes (Supplemental) in Support re: 40 MOTION for Summary Judgment .. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 01/24/2020)
2020-01-2451NOTICE of Filing additional Ex Parte, In Camera Declaration re: 40 MOTION for Summary Judgment ., 49 Reply Memorandum of Law in Support of Motion,. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 01/24/2020)
2020-02-1452REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Unseal Document or Strike ., 44 MOTION for Summary Judgment . . Document filed by Delfino Garcia Gonzalez..(Levine, Zoe) (Entered: 02/14/2020)
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