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Case TitleMake the Road New York et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2019cv04607
Date Filed2019-08-09
Date ClosedOpen
JudgeJudge Brian M. Cogan
PlaintiffMake the Road New York
PlaintiffCenter for Constitutional Rights
Case DescriptionMake the Road New York submitted FOIA requests to the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services for records concerning communications pertaining to the rulemaking process for the agency's public charge policy. MTR also requested expedited processing and a fee waiver. MTR and the Center for Constitutional Rights also submitted a FOIA request to the Executive Office of Immigration Review at the Department of Justice for records concerning communications between that agency and OMB or others in the White House pertaining to the public charge rulemaking process. MTR and CCR also requested expedited processing and a fee waiver. EOIR acknowledged receipt of the request and told the requesters it did not have custody of any responsive records. MTR and CCR filed an administrative appeal of the no records response. EOIR acknowledged receipt of the appeal. After hearing nothing further from any of the agencies, MTR and CCR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search, Expedited processing, Public Interest Fee Waiver

DefendantU.S. Department of Homeland Security ("DHS")
DefendantUnited States Citizenship and Immigration Services (USCIS)
DefendantImmigration and Customs Enforcement (ICE)
DefendantExecutive Office of Immigration Review
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-091COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11749142 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Make the Road New York, Center for Constitutional Rights. (Attachments: # 1 Exhibit A (First Requests), # 2 Exhibit B (Second Requests), # 3 Exhibit C (Third Request)) (Schwarz, Ghita) (Entered: 08/09/2019)
2019-08-092Proposed Summons.Civil Cover Sheet.. Re 1 Complaint, by Center for Constitutional Rights, Make the Road New York (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons) (Schwarz, Ghita) (Entered: 08/09/2019)
2019-08-09Case assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 08/13/2019)
2019-08-093Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 08/13/2019)
2019-08-134In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 08/13/2019)
2019-08-135This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 08/13/2019)
2019-08-156Proposed Summons. Re 1 Complaint, by Make the Road New York (Schwarz, Ghita) (Entered: 08/15/2019)
2019-08-157Proposed Summons. Re 1 Complaint, by Make the Road New York (Schwarz, Ghita) (Entered: 08/15/2019)
2019-08-158Proposed Summons. Re 1 Complaint, by Make the Road New York (Schwarz, Ghita) (Entered: 08/15/2019)
2019-08-159Proposed Summons. Re 1 Complaint, by Center for Constitutional Rights, Make the Road New York (Schwarz, Ghita) (Entered: 08/15/2019)
2019-08-1610AMENDED SUMMONS REISSUED as to the U.S. Department of Homeland Security ("DHS"), U.S. Attorney and U.S. Attorney General. (Latka-Mucha, Wieslawa) (Entered: 08/16/2019)
2019-08-1611AMENDED SUMMONS REISSUED as to the United States Citizenship and Immigration Services (USCIS), U.S. Attorney and U.S. Attorney General. (Latka-Mucha, Wieslawa) (Entered: 08/16/2019)
2019-08-1612AMENDED SUMMONS REISSUED as to the Immigration and Customs Enforcement (ICE), U.S. Attorney and U.S. Attorney General. (Latka-Mucha, Wieslawa) (Entered: 08/16/2019)
2019-08-1613AMENDED SUMMONS REISSUED as to the Executive Office of Immigration Review , U.S. Attorney and U.S. Attorney General. (Latka-Mucha, Wieslawa) (Entered: 08/16/2019)
2019-09-0414NOTICE of Appearance by Brittany Thomas on behalf of All Plaintiffs (aty to be noticed) (Thomas, Brittany) (Entered: 09/04/2019)
2019-09-0915NOTICE of Appearance by Paige Austin on behalf of Center for Constitutional Rights, Make the Road New York (aty to be noticed) (Austin, Paige) (Entered: 09/09/2019)
2019-09-1216SUMMONS Returned Executed by Make the Road New York, Center for Constitutional Rights. Executive Office of Immigration Review served on 8/16/2019, answer due 10/15/2019; Immigration and Customs Enforcement (ICE) served on 8/16/2019, answer due 10/15/2019; U.S. Department of Homeland Security ("DHS") served on 8/16/2019, answer due 10/15/2019; United States Citizenship and Immigration Services (USCIS) served on 8/16/2019, answer due 10/15/2019. (Attachments: # 1 Affidavit Service on USAO) (Schwarz, Ghita) (Entered: 09/12/2019)
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by FOIA Project Staff
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