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Case TitleAustin Sanctuary Network et al v. United States Immigration and Customs Enforcement et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv01686
Date Filed2020-02-26
Date ClosedOpen
JudgeJudge Lewis J. Liman
PlaintiffAustin Sanctuary Network
PlaintiffFree Migration Project
PlaintiffGrassroots Leadership
PlaintiffCenter for Constitutional Rights
Case DescriptionThe Austin Sanctuary Network, the Free Migration Project, Grassroots Leadership, and the Center for Constitutional Rights submitted a FOIA request to U.S. Immigration and Customs Enforcement, Department of Treasury, and the Executive Office for Immigration Review for records concerning policies or guidance pertaining to fines or penalties imposed on individuals taking sanctuary in churches or elsewhere pursuant to the Immigration and Nationality Act. The organizations asked for expedited processing and a fee waiver. The agencies all acknowledged the requests. Several agencies denied expedited processing. EOIR responded to the request by indicating it had no records. The organizations filed an administrative appeal of EOIR's no records response. DOJ upheld the agency's no records response. The organizations then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Immigration and Customs Enforcement
DefendantUnited States Department of the Treasury
DefendantUnited States Department of Justice Executive Office for Immigration Review
Documents
Docket
Complaint
Opinion/Order [11]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-261COMPLAINT against Executive Office For Immigration Review, U.S. Immigration Customs Enforcement, United States Department of the Treasury. (Filing Fee $ 400.00, Receipt Number ANYSDC-18924463)Document filed by Center for Constitutional Rights, Austin Sanctuary Network, Grassroots Leadership, Free Migration Project..(Schwarz, Ghita) (Entered: 02/26/2020)
2020-02-262CIVIL COVER SHEET filed..(Schwarz, Ghita) (Entered: 02/26/2020)
2020-02-263FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration Customs and Enforcement Agency, U.S. Department of the Treasury, U.S. Department of Justice Executive Office for Immigration Review, re: 1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita) Modified on 2/27/2020 (pc). (Entered: 02/26/2020)
2020-02-27***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ghita Schwarz. The party information for the following party/parties has been modified: U.S. Immigration Customs Enforcement, Executive Office For Immigration Review. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) (Entered: 02/27/2020)
2020-02-27***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ghita Schwarz to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party names must exactly match what is listed on the complaint caption title (no acronyms);. 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. (pc) (Entered: 02/27/2020)
2020-02-27CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 02/27/2020)
2020-02-27Magistrate Judge Stewart D. Aaron 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 02/27/2020)
2020-02-27Case Designated ECF. (pc) (Entered: 02/27/2020)
2020-02-284ORDER: Initial Conference set for 3/17/2020 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/28/2020) (va) (Entered: 02/28/2020)
2020-02-285FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, United States Department of the Treasury, and United States Department of Justice Executive Office for Immigration Review, re: 1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita) Modified on 3/2/2020 (dnh). (Entered: 02/28/2020)
2020-03-02***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ghita Schwarz to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party names listed in the defendant 'To:' section of the summons PDF must exactly match the party of record. Do not abbreviate party names. 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: 03/02/2020)
2020-03-036REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, United States Department of the Treasury, and United States Department of Justice Executive Office for Immigration Review, re: 1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita) (Entered: 03/03/2020)
2020-03-037NOTICE OF APPEARANCE by Alina Das on behalf of Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 03/03/2020)
2020-03-048ELECTRONIC SUMMONS ISSUED as to United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(dnh) (Entered: 03/04/2020)
2020-03-089AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of Justice Executive Office for Immigration Review served on 3/4/2020, answer due 3/25/2020; United States Department of the Treasury served on 3/4/2020, answer due 3/25/2020; United States Immigration and Customs Enforcement served on 3/4/2020, answer due 3/25/2020. Service was accepted by Osrick Gordon, Civil Clerk. Document filed by Center for Constitutional Rights; Austin Sanctuary Network; Grassroots Leadership; Free Migration Project..(Schwarz, Ghita) (Entered: 03/08/2020)
2020-03-1010JOINT MOTION to Adjourn Conference and Plaintiffs' Request for Production and Briefing Order . Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit Production Orders, # 2 Text of Proposed Order Plaintiffs' Proposed Order).(Das, Alina) (Entered: 03/10/2020)
2020-03-1311ORDER denying 10 Letter Motion to Adjourn Conference. It is hereby ORDERED that the request to adjourn the conference scheduled for March 17, 2020 at 3:00 p.m. is DENIED. The parties shall be prepared to discuss the request for production and a briefing schedule. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/13/2020) (va) (Entered: 03/13/2020)
2020-03-13ORDER: The Initial Pretrial Conference scheduled for March 17, 2020 at 3:00PM will now proceed by TELEPHONE CONFERENCE. Parties are directed to dial in to the Court's teleconference number at 888-251-2909, Access Code 2123101 and follow the necessary prompts. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 03/13/2020)
2020-03-1612NOTICE OF APPEARANCE by Alexander James Hogan on behalf of United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 03/16/2020)
2020-03-1613LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated March 16, 2020 re: March 17, 2020 conference. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 03/16/2020)
2020-03-1714LETTER addressed to Judge Lewis J. Liman from Alina Das dated 03/17/2020 re: Law Student Appearance Forms. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit Law Student Appearance Form for Lauren Wilfong, # 2 Exhibit Law Student Appearance Form for Daniel Lee).(Das, Alina) (Entered: 03/17/2020)
2020-03-1715MEMO ENDORSEMENT on re: 14 Letter, filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network. ENDORSEMENT: I authorize this student: (a) to appear in court or at other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. Name of intern Lauren Wilfong. (Signed by Judge Lewis J. Liman on 3/17/2020) (va) Modified on 3/20/2020 (va). (Entered: 03/17/2020)
2020-03-1716ORDER: It is hereby ORDERED that Defendants will make a first production of documents in response to the Freedom of Information Act request by April 27, 2020. IT IS FURTHER ORDERED that a status conference is scheduled for April 29, 2020 at 4:00 p.m. to discuss the schedule for further monthly productions from Defendants and for summary judgment briefing. So ordered. (Status Conference set for 4/29/2020 at 04:00 PM before Judge Lewis J. Liman). (Signed by Judge Lewis J. Liman on 3/17/2020) (rjm) (Entered: 03/18/2020)
2020-03-17Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 3/17/2020 by Telephone Conference. Lauren Wilfong, Alina Das, Daniel Lee, Ghita Schwarz, and Lupe Aguirre present by telephone for Plaintiffs. Alexander Hogan present by telephone for Defendants. Court reporter present by telephone. (mf) (Entered: 03/25/2020)
2020-04-0317ANSWER to 1 Complaint,. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 04/03/2020)
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by FOIA Project Staff
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