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Case TitleInternational Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv04284
Date Filed2020-06-05
Date ClosedOpen
JudgeMagistrate Judge Robert W. Lehrburger
PlaintiffInternational Refugee Assistance Project, Inc.
Case DescriptionThe International Refugee Assistance Project submitted FOIA requests to U.S. Citizenship and Immigration Services for records concerning the application submitted by IRAP's client, a citizen of Afghanistan, for resettlement in the United States. The agency acknowledged receipt of the request and told IRAP that all responsive records were at the State Department, although the State Department had previously told IRAP that responsive records were at USCIS. IRAP filed an administrative appeal, which was denied. IRAP then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Citizenship and Immigration Services
Documents
Docket
Complaint
Opinion/Order [13]
Opinion/Order [20]
Opinion/Order [35]
Opinion/Order [47]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-051COMPLAINT against United States Citizenship and Immigration Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-20122108)Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/05/2020)
2020-06-052CIVIL COVER SHEET filed..(Austin, Kathryn) (Entered: 06/05/2020)
2020-06-053REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/05/2020)
2020-06-054RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/05/2020)
2020-06-08CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 . .(jgo) (Entered: 06/08/2020)
2020-06-08Magistrate 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 06/08/2020)
2020-06-08Case Designated ECF. (jgo) (Entered: 06/08/2020)
2020-06-085ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services..(jgo) (Entered: 06/08/2020)
2020-06-096NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/24/2020 at 04:00 PM in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 6/9/2020) (mro) (Entered: 06/09/2020)
2020-06-127NOTICE OF APPEARANCE by Mariko Hirose on behalf of International Refugee Assistance Project, Inc...(Hirose, Mariko) (Entered: 06/12/2020)
2020-06-188AFFIDAVIT OF SERVICE. United States Citizenship and Immigration Services served on 6/11/2020. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc.., AFFIDAVIT OF SERVICE of Summons, Complaint, Corporate Disclosure Statement, Civil Cover Sheet, Form AO 85, Notice of Initial Pretrial Conference (ECF No. 6), the Court's Individual Rules of Practice in Civil Cases, the Court's Emergency Individual Rules and Practices in Light of COVID-19 served on U.S. Citizenship and Immigration Services on 06/11/2020. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc.., AFFIDAVIT OF SERVICE (FOIA CASE). United States Citizenship and Immigration Services served on 6/11/2020. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/18/2020)
2020-06-189AFFIDAVIT OF SERVICE of Notice of Appearance of Mariko Hirose served on U.S. Citizenship and Immigration Services on 6/18/2020. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 06/18/2020)
2020-07-1310NOTICE OF APPEARANCE by Danielle Judith Levine on behalf of United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 07/13/2020)
2020-07-1311LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Gregory H. Woods from Danielle J. Levine dated July 13, 2020. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 07/13/2020)
2020-07-1412ORDER granting 11 Letter Motion for Extension of Time to Answer. Application granted. The time for the United States Citizenship and Immigration Services to answer or otherwise respond to the complaint is extended to August 14, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony) (Entered: 07/14/2020)
2020-07-1413ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a fast disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Gregory H. Woods on 7/14/2020) (mro) (Entered: 07/14/2020)
2020-07-2114PROPOSED CONSENT ORDER. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 07/21/2020)
2020-07-2215CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Gregory H. Woods on 7/22/2020).(mro) (Entered: 07/22/2020)
2020-08-1416ANSWER to 1 Complaint. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 08/14/2020)
2020-08-1717NOTICE of Hearing: Initial Telephonic Pretrial Conference set for 8/31/2020 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)398-2342, and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger.(rsh) (Entered: 08/17/2020)
2020-08-2418LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kathryn Austin, Danielle Levine dated 08/24/2020 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Text of Proposed Order (Proposed) Civil Case Management Plan and Scheduling Order).(Austin, Kathryn) (Entered: 08/24/2020)
2020-08-2519MEMO ENDORSEMENT on re: 18 Letter, filed by International Refugee Assistance Project, Inc. ENDORSEMENT: SO ORDERED. (Cross Motions due by 12/4/2020. Responses due by 12/22/2020. Replies due by 1/8/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 8/25/2020) (mml) (Entered: 08/25/2020)
2020-08-25Set/Reset Deadlines: Motions due by 11/13/2020. (mml) (Entered: 08/25/2020)
2020-08-3120ORDER: In light of the case plan and scheduling proposal of the parties so-ordered by the Court (Dkt. 19), the initial pretrial conference scheduled for Monday August 31, 2020 at 2:30 is cancelled. The parties shall file a joint status report every 60 days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/31/2020) (mml) (Entered: 08/31/2020)
2020-10-2821JOINT LETTER MOTION for Extension of Time and Joint Status Report addressed to Magistrate Judge Robert W. Lehrburger from Kathryn Austin and Danielle Levine dated 10/28/2020. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 10/28/2020)
2020-10-2822ORDER granting 21 Letter Motion for Extension of Time. SO ORDERED. Cross Motions due by 12/22/2020. Motions due by 11/25/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 10/28/2020) (nb) (Entered: 10/28/2020)
2020-10-28Set/Reset Deadlines: Responses due by 1/15/2021. Replies due by 2/2/2021. (nb) (Entered: 10/28/2020)
2020-11-1723LETTER MOTION for Extension of Time of Summary Judgment Briefing Schedule addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated November 17, 2020. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 11/17/2020)
2020-11-1724ORDER granting 23 LETTER MOTION for Extension of Time of Summary Judgment Briefing Schedule. SO ORDERED. Cross Motions due by 12/22/2020. Motions due by 11/25/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 11/17/2020) (jca) (Entered: 11/17/2020)
2020-11-17Set/Reset Deadlines: Responses due by 1/15/2021, Replies due by 2/2/2021. (jca) (Entered: 11/17/2020)
2020-12-0725LETTER MOTION for Extension of Time / Adjournment of Briefing Schedule addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated December 7, 2020. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 12/07/2020)
2020-12-0826LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Kathryn Austin dated 12/08/2020 re: 25 LETTER MOTION for Extension of Time / Adjournment of Briefing Schedule addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated December 7, 2020. . Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 12/08/2020)
2020-12-0827ORDER granting 25 Letter Motion for Extension of Time. Defendant's request is granted to the extent that the parties shall provide a status report to the Court as of January 8, 2020. The summary judgment briefing scheduled will now be as follows: USCIS's Motion for Summary Judgment: January 22, 2021 Plaintiff's Cross-Motion and Opposition Brief: March 3, 2021 USCIS's Opposition and Reply Brief: March 24, 2021 Plaintiff's Reply Brief: April 14, 2021. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/8/2020) (kv) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines: Cross Motions due by 3/3/2021. Motions due by 1/22/2021. Responses due by 3/24/2021 Replies due by 4/14/2021. (kv) (Entered: 12/08/2020)
2021-01-0828STATUS REPORT. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/08/2021)
2021-01-2229MOTION to Dismiss for Lack of Jurisdiction . Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/22/2021)
2021-01-2230MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/22/2021)
2021-01-2231DECLARATION of Hilary E. Ingraham in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/22/2021)
2021-01-2232DECLARATION of Eric F. Stein in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A - FOIA Request to DOS, # 2 Exhibit B - DOS 4-20-18 Letter, # 3 Exhibit C - DOS 8-24-20 Response, # 4 Exhibit D - DOS 1-13-21 Response).(Levine, Danielle) (Entered: 01/22/2021)
2021-01-2233DECLARATION of Terri White in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A - FOIA Request to USCIS, # 2 Exhibit B - USCIS 3-1-2018 Letter, # 3 Exhibit C - IRAP 4-9-2018 Letter, # 4 Exhibit D - USCIS 5-1-2018 Letter, # 5 Exhibit E - IRAP 7-23-2018 Letter, # 6 Exhibit F - USCIS 12-11-2018 Letter, # 7 Exhibit G - IRAP 3-1-3019 Letter, # 8 Exhibit H - USCIS 3-13-2019 Letter).(Levine, Danielle) (Entered: 01/22/2021)
2021-01-2534LETTER MOTION to Seal Dkt. Nos. 30, 32, and 33 addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated January 25, 2021. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/25/2021)
2021-01-2535ORDER granting 34 LETTER MOTION to Seal Dkt. Nos. 30, 32, and 33. The Clerk of the Court is directed to seal the listed documents for all parites. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/25/2021) (jca) (Entered: 01/25/2021)
2021-01-2736MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction . Redacted Version . Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 01/27/2021)
2021-01-2737DECLARATION of Eric F. Stein (Redacted Version) in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A - FOIA Request to DOS (Redacted Version), # 2 Exhibit B - DOS 4-20-18 Letter (Redacted Version, # 3 Exhibit C - DOS 8-24-20 Response (Redacted Version), # 4 Exhibit D - DOS 1-13-21 Response (Redacted Version)).(Levine, Danielle) (Entered: 01/27/2021)
2021-01-2738DECLARATION of Terri White (Redacted Version) in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A - FOIA Request to USCIS (Redacted Version), # 2 Exhibit B - USCIS 3-1-2018 Letter (Redacted Version), # 3 Exhibit C - IRAP 4-9-2018 Letter (Redacted Version), # 4 Exhibit D - USCIS 5-1-2018 Letter (Redacted Version), # 5 Exhibit E - IRAP 7-23-2018 Letter (Redacted Version), # 6 Exhibit F - USCIS 12-11-2018 Letter (Redacted Version), # 7 Exhibit G - IRAP 3-1-3019 Letter (Redacted Version), # 8 Exhibit H - USCIS 3-13-2019 Letter (Redacted Version)).(Levine, Danielle) (Entered: 01/27/2021)
2021-03-0239NOTICE OF APPEARANCE by Lamya Agarwala on behalf of International Refugee Assistance Project, Inc...(Agarwala, Lamya) (Entered: 03/02/2021)
2021-03-0340MOTION for Partial Summary Judgment . Document filed by International Refugee Assistance Project, Inc.. Responses due by 3/24/2021.(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-0341RESPONSE to Motion re: 29 MOTION to Dismiss for Lack of Jurisdiction . Plaintiff's Combined Memorandum of Law in Support of Its Motion for Partial Summary Judgment and in Opposition to Defendant's Motion to Dismiss Under Rule 12(b)(1) . Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Text of Proposed Order Granting Plaintiff's Motion for Partial Summary Judgment and Denying Defendant's Motion to Dismiss, # 2 Index of Documents Filed in Support of Plaintiff's Motion for Partial Summary Judgment).(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-0342DECLARATION of Sara Gomez in Support re: 40 MOTION for Partial Summary Judgment .. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit 1 - Refugee Case Processing PIA, # 2 Exhibit 2 - International Case Tracking System PIA, # 3 Exhibit 3 - WRAPS PIA, # 4 Exhibit 4 - Refugee Case Processing SORN, # 5 Exhibit 5 - Form I-590, # 6 Exhibit 6 - Notice of Ineligibility Form, # 7 Exhibit 7 - Digital Approval SOP, # 8 Exhibit 8 - Note-Taking Training Module, # 9 Exhibit 9 - Researching Training Module).(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-0343DECLARATION of Stephen Poellot in Support re: 40 MOTION for Partial Summary Judgment .. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit A - USCIS Letter dated 5-10-18, # 2 Exhibit B - USCIS Letter dated 7-26-18`).(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-0344DECLARATION of Emily Haverkamp in Support re: 40 MOTION for Partial Summary Judgment .. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-0345RULE 56.1 STATEMENT. Document filed by International Refugee Assistance Project, Inc...(Austin, Kathryn) (Entered: 03/03/2021)
2021-03-0946LETTER MOTION to Stay re: 40 MOTION for Partial Summary Judgment . Pending Resolution of USCIS's Motion to Dismiss for Lack of Jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated March 9, 2021., LETTER MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment . In the Alternative to USCIS's Motion for a Stay addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine dated March 9, 2021. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 03/09/2021)
2021-03-1047ORDER denying 46 Letter Motion to Stay re: 46 LETTER MOTION to Stay re: 40 MOTION for Partial Summary Judgment . Pending Resolution of USCIS's Motion to Dismiss for Lack of Jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine date LETTER MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment . In the Alternative to USCIS's Motion for a Stay addressed to Magistrate Judge Robert W. Lehrburger from Danielle J ; granting in part and denying in part 46 Letter Motion for Extension of Time to File Response/Reply re 46 LETTER MOTION to Stay re: 40 MOTION for Partial Summary Judgment . Pending Resolution of USCIS's Motion to Dismiss for Lack of Jurisdiction addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Levine date LETTER MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment . In the Alternative to USCIS's Motion for a Stay addressed to Magistrate Judge Robert W. Lehrburger from Danielle J. Defendant's request for a stay with respect to the motion for summary judgment comes far too late and is denied. Defendant's request for an extension of time to file is granted in part and denied in part. Defendant's responsive papers shall be due April 7, 2021; Plaintiff's reply shall be due April 28, 2021. SO ORDERED. (Responses due by 4/7/2021, Replies due by 4/28/2021.). (Signed by Magistrate Judge Robert W. Lehrburger on 3/10/2021) (kv) (Entered: 03/10/2021)
2021-04-0748REPLY MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction . Defendant USCIS's Combined Memorandum of Law in Further Support of Its Motion to Dismiss and in Opposition to Plaintiff's Motion for Partial Summary Judgment (Dkt. No. 41) . Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-0749DECLARATION of Joanna Ruppel in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-0750DECLARATION of Hilary E. Ingraham in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-0751DECLARATION of Terri White in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
2021-04-0752COUNTER STATEMENT TO 45 Rule 56.1 Statement. Document filed by United States Citizenship and Immigration Services..(Levine, Danielle) (Entered: 04/07/2021)
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