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Case TitleAmerican Immigration Council et al v. Executive Office For Immigration Review et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv06658
Date Filed2019-07-17
Date ClosedOpen
JudgeJudge Alison J. Nathan
PlaintiffAmerican Immigration Council
PlaintiffAmerican Immigration Lawyers Association
PlaintiffImmigrant Defense Project
Case DescriptionThe American Immigration Council, the American Immigration Lawyers Association and the Immigrant Defense Project submitted a FOIA request to the Executive Office for Immigration Review for records concerning a list of federal, state, and local facilities that participate in the Institutional Hearing Program. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the American Immigration Council, the American Immigration Lawyers Association, and the Immigrant Defense Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantExecutive Office For Immigration Review
DefendantU.S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-171COMPLAINT against Executive Office For Immigration Review, U.S. DEPARTMENT OF JUSTICE. (Filing Fee $ 400.00, Receipt Number ANYSDC-17260790)Document filed by American Immigration Council, Immigrant Defense Project, American Immigration Attorneys Association. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit FOIA Receipt)(Winger, Emma) (Entered: 07/17/2019)
2019-07-172CIVIL COVER SHEET filed. (Winger, Emma) (Entered: 07/17/2019)
2019-07-173RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Immigration Attorneys Association, American Immigration Council, Immigrant Defense Project.(Winger, Emma) (Entered: 07/17/2019)
2019-07-174MOTION for Emma Curtis Winger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17261186. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Attorneys Association, American Immigration Council, Immigrant Defense Project. (Attachments: # 1 Affidavit Affidavit of Emma Winger, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Winger, Emma) (Entered: 07/17/2019)
2019-07-17>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Emma Curtis Winger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17261186. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 07/17/2019)
2019-07-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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 . (pne) (Entered: 07/18/2019)
2019-07-18Magistrate Judge Robert W. Lehrburger 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 . (pne) (Entered: 07/18/2019)
2019-07-18Case Designated ECF. (pne) (Entered: 07/18/2019)
2019-07-18***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Emma Curtis Winger. The party information for the following party/parties has been modified: U.S. Department of Justice, American Immigration Lawyers Association. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (pne) (Entered: 07/18/2019)
2019-07-185MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17267919. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Valenzuela, Claudia) (Entered: 07/18/2019)
2019-07-18>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17267919. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 07/18/2019)
2019-07-186FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney for the Southern District of New York, re: 1 Complaint,. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Winger, Emma) Modified on 7/19/2019 (dnh). (Entered: 07/18/2019)
2019-07-187FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S Attorney General, re: 1 Complaint,. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Winger, Emma) Modified on 7/19/2019 (dnh). (Entered: 07/18/2019)
2019-07-188REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Winger, Emma) (Entered: 07/18/2019)
2019-07-189REQUEST FOR ISSUANCE OF SUMMONS as to Executive Office for Immigration Review, re: 1 Complaint,. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Winger, Emma) (Entered: 07/18/2019)
2019-07-1910ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (dnh) (Entered: 07/19/2019)
2019-07-1911ELECTRONIC SUMMONS ISSUED as to Executive Office For Immigration Review. (dnh) (Entered: 07/19/2019)
2019-07-19***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Emma Curtis Winger to RE-FILE Document No. 7 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; Summonses may only be issued to official parties of record listed in the 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. (dnh) (Entered: 07/19/2019)
2019-07-2212ORDER granting 4 Motion for Emma Curtis Winger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk. (Entered: 07/22/2019)
2019-07-2213ORDER granting 5 Motion for Claudia Valenzuela to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk. (Entered: 07/22/2019)
2019-07-3014AFFIDAVIT OF SERVICE. Executive Office For Immigration Review served on 7/22/2019, answer due 8/12/2019; U.S. Department of Justice served on 7/22/2019, answer due 8/12/2019. Service was made by Mail. Document filed by American Immigration Council; Immigrant Defense Project; American Immigration Lawyers Association. (Attachments: # 1 Exhibit Certified Mail Receipts, # 2 Exhibit Proof of Delivery)(Winger, Emma) (Entered: 07/30/2019)
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