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Case TitleMosquera et al v. Barr et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2019cv24117
Date Filed2019-10-04
Date ClosedOpen
JudgeJudge Jose E. Martinez
PlaintiffMonica Mosquera
PlaintiffHector Hoyos
Case DescriptionMonica Mosquera submitted a FOIA request to U.S. Citizenship and Immigration Services for her alien file and the alien relative petition for her ex-husband Hector Hoyos. The agency acknowledged receipt of the request and disclosed 48 pages from Mosquera's file but did not include Hoyos' petition. Mosquera filed an administrative appeal for Hoyos' records. After hearing nothing further from the agency, Mosquera filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantAttorney General William Barr in his official capacity as Acting Attorney General of the United States of America
DefendantActing Secretary Kevin McAleenan in his official capacity as Secretary, U.S. Department of Homeland Security
DefendantActing Director Kenneth Cuccinelli in his official capacity as Acting Director, U.S. Cititzenship and Immigration Services
TERMINATED: 10/04/2019
DefendantFrancis Cissna in his official capacity as Director, U.S.Citizenship and Immigration Services
DefendantMatthew D. Emrich in his official capacity as the Associate Director of the FDNS of USCIS
TERMINATED: 10/04/2019
DefendantLinda Swacina
U.S. Citizenship and Immigration Services
8801 NW 7th Ave
Miami
Miami, FL 33150
TERMINATED: 10/04/2019
DefendantSecretary U.S. Department of Homeland Security
TERMINATED: 10/04/2019
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-041COMPLAINT under FOIA against All Defendants. Filing fees $ 400.00 receipt number 113C-12040973, filed by Monica Mosquera, Hector Hoyos. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summon(s) Summons, # 3 Exhibit A - Copy of FOIA Acknowledgment Letter, NRC2018148462, February 16, 2019;, # 4 Exhibit B - Copy of FOIA Response, NRC2018148462;, # 5 Exhibit C - Copy of FOIA Appeal Acknowledgment Letter, AAP2019500117, May 29, 2019;, # 6 Exhibit D - NRC2016005656 FOIA Cover Letter and pertinent excerpts from response (pg. 31-42) for Hector Hoyos;)(Dominguez, Anthony) (Entered: 10/04/2019)
2019-10-042Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) (Entered: 10/07/2019)
2019-10-043Summons Issued as to William Barr, U.S. Attorney (mee) Modified to remove party on 10/7/2019 (asl). (Entered: 10/07/2019)
2019-10-044(IMAGE RESTRICTED- Parties NOT LISTED ON COMPLAINT- ISSUED IN ERROR)Summons Issued as to Linda Swacina, Secretary U.S. Department of Homeland Security. (mee) Text Modified on 10/7/2019 (mee). Modified to restrict image on 10/7/2019 (asl). Modified text on 10/7/2019 (asl). (Entered: 10/07/2019)
2019-10-045Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. (mee) Modified on 10/7/2019 (mee). (Entered: 10/07/2019)
2019-10-046Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. Summons issued at D.E. 4 restricted- parties not listed on complaint. (mee) Modified text on 10/7/2019 (asl). (Entered: 10/07/2019)
2019-10-077NOTICE of Filing Proposed Summons(es) by Hector Hoyos, Monica Mosquera (Dominguez, Anthony) (Entered: 10/07/2019)
2019-10-088Summons Issued as to William Barr, Kevin McAleenan and U.S. Attorney (cbr) (Entered: 10/08/2019)
2019-10-089Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 10/8/2019. See attached document for full details. (dq) (Entered: 10/08/2019)
2019-11-1210Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, by William Barr, Francis Cissna, Kenneth Cuccinelli, Matthew D. Emrich, Kevin McAleenan, Secretary U.S. Department of Homeland Security, Linda Swacina. Attorney Carlos Javier Raurell added to party William Barr(pty:dft), Attorney Carlos Javier Raurell added to party Francis Cissna (pty:dft), Attorney Carlos Javier Raurell added to party Kenneth Cuccinelli(pty:dft), Attorney Carlos Javier Raurell added to party Matthew D. Emrich(pty:dft), Attorney Carlos Javier Raurell added to party Kevin McAleenan(pty:dft), Attorney Carlos Javier Raurell added to party Secretary U.S. Department of Homeland Security(pty:dft), Attorney Carlos Javier Raurell added to party Linda Swacina(pty:dft). (Raurell, Carlos) (Entered: 11/12/2019)
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by FOIA Project Staff
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