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Case TitleFOUCHE v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02384
Date Filed2020-08-26
Date Closed2021-08-11
JudgeJudge Reggie B. Walton
PlaintiffJEANDRE FOUCHE
Case DescriptionJeandre Fouche, a South African resident, submitted FOIA requests to U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services for records concerning his detention by ICE. The agencies acknowledged receipt of the requests. ICE told Fouche it found only two pages responsive to his request. Fouche filed an administrative appeal. The agency upheld the appeal. USCIS located 49 pages of records which were referred to ICE for determination. After hearing nothing further from either agency, Fouche filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantU.S. CITIZENSHIP AND IMMIGRATION SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-261COMPLAINT against U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number ADCDC-7512313) filed by JEANDRE FOUCHE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Summons for Defendant ICE, # 14 Summons for Defendant USCIS, # 15 Civil Cover Sheet)(McGraw, Peter) (Entered: 08/26/2020)
2020-08-282ERRATA by JEANDRE FOUCHE 1 Complaint,, filed by JEANDRE FOUCHE. (McGraw, Peter) (Entered: 08/28/2020)
2020-08-283CIVIL COVER SHEET by JEANDRE FOUCHE 1 Complaint,, filed by JEANDRE FOUCHE. (McGraw, Peter) (Entered: 08/28/2020)
2020-08-284REQUEST FOR SUMMONS TO ISSUE by JEANDRE FOUCHE 1 Complaint,, filed by JEANDRE FOUCHE. (Attachments: # 1 Supplement)(McGraw, Peter) (Entered: 08/28/2020)
2020-08-28Case assigned to Judge Reggie B. Walton. (zmc) (Entered: 08/28/2020)
2020-08-285SUMMONS (2) Issued Electronically as to U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 08/28/2020)
2020-09-106ENTERED IN ERROR..... MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Leiserson, Fee Status: No Fee Paid. by JEANDRE FOUCHE (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(McGraw, Peter) Modified on 9/11/2020 (znmw). (Entered: 09/10/2020)
2020-09-11NOTICE OF ERROR re 6 Motion for Leave to Appear Pro Hac Vice; emailed to pmcgraw@trla.org, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. ENTERED IN ERROR; Please refile and pay the $100 filing fee. (znmw, ) (Entered: 09/11/2020)
2020-09-237ENTERED IN ERROR.....CERTIFICATE OF SERVICE by JEANDRE FOUCHE . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McGraw, Peter) Modified on 9/24/2020 (zeg). (Entered: 09/23/2020)
2020-09-24NOTICE OF CORRECTED DOCKET ENTRY: re 7 Certificate of Service was entered in error and counsel was instructed to refile said pleading using correct return of service docketing event. (eg) (Entered: 09/24/2020)
2020-09-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 9/9/2020 (McGraw, Peter) (Entered: 09/25/2020)
2020-09-259RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (McGraw, Peter) (Entered: 09/25/2020)
2020-09-2510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/09/2020. (Attachments: # 1 Certificate of Service)(McGraw, Peter) (Entered: 09/25/2020)
2020-09-2511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/9/2020. Answer due for ALL FEDERAL DEFENDANTS by 10/9/2020. (Attachments: # 1 Certificate of Service)(McGraw, Peter) (Entered: 09/25/2020)
2020-09-2512MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Leiserson, Fee Status: No Fee Paid. by JEANDRE FOUCHE (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(McGraw, Peter) (Entered: 09/25/2020)
2020-09-2513MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Melia Amal Bouhabib, Fee Status: No Fee Paid. by JEANDRE FOUCHE (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(McGraw, Peter) (Entered: 09/25/2020)
2020-09-2914GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on September 29, 2020. (lcrbw2) (Entered: 09/29/2020)
2020-10-0915ANSWER to Complaint by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(Tilghman, Michael) (Entered: 10/09/2020)
2020-10-2316Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/23/2020)
2020-10-30MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 7, 2020, the parties shall submit an additional joint status report advising the Court how they wish to proceed in this case. Signed by Judge Reggie B. Walton on October 30, 2020. (lcrbw2) (Entered: 10/30/2020)
2020-10-30Set/Reset Deadlines: Joint Status Report due by 12/7/2020 (hs) (Entered: 10/30/2020)
2020-12-0717Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 12/07/2020)
2020-12-09MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before February 8, 2021, the parties shall submit an additional joint status report advising the Court how they wish to proceed in this case. Signed by Judge Reggie B. Walton on December 9, 2020. (lcrbw2) (Entered: 12/09/2020)
2020-12-09Set/Reset Deadlines: Joint Status Report due by 2/8/2021 (hs) (Entered: 12/09/2020)
2021-02-03MINUTE ORDER. The Court having considered the 12 Plaintiff's Motion for Elizabeth Leiserson to Appear Pro Hac Vice Without a Fee Pursuant to LCvR 83.2(d) and 83.2(g) and the 13 Plaintiff's Motion for Melia Amal Bouhabib to Appear Pro Hac Vice Without a Fee Pursuant to LCvR 83.2(d) and 83.2(g), and it appearing to the Court that the attorneys referenced therein have certified that they are providing representation without a fee and are personally familiar with this Court's rules, it is hereby ORDERED that the motions are GRANTED IN PART AND DENIED IN PART. The motions are GRANTED to the extent the attorneys seek to appear, file papers, and practice in this case on behalf of an indigent client. The motions are DENIED in all other respects. It is further ORDERED that Elizabeth Leiserson and Melia Amal Bouhabib, Southern Migrant Legal Services, 311 Plus Park Blvd., Ste. 135, Nashville, TN 37217, are ADMITTED to practice before the Court pursuant to Local Civil Rule 83.2(g). Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Reggie B. Walton on February 3, 2021. (lcrbw2) (Entered: 02/03/2021)
2021-02-0518NOTICE of Appearance by Elizabeth Leiserson on behalf of JEANDRE FOUCHE (Leiserson, Elizabeth) (Entered: 02/05/2021)
2021-02-0819Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 02/08/2021)
2021-02-0920NOTICE of Appearance by Melia Amal Bouhabib on behalf of JEANDRE FOUCHE (Bouhabib, Melia) (Entered: 02/09/2021)
2021-02-11MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before March 1, 2021, the parties shall submit an additional joint status report advising the Court how they wish to proceed in this case. Signed by Judge Reggie B. Walton on February 11, 2021. (lcrbw2) (Entered: 02/11/2021)
2021-02-11Set/Reset Deadlines: Joint Status Report due by 3/1/2021 (hs) (Entered: 02/11/2021)
2021-03-0121Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 03/01/2021)
2021-03-04MINUTE ORDER Upon consideration of the parties' 21 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 15, 2021, the parties shall submit an additional joint status report advising the Court how they wish to proceed in this case. Signed by Judge Reggie B. Walton on March 4, 2021. (lcrbw2) Modified to add event title on 3/5/2021 (znmw). (Entered: 03/04/2021)
2021-03-04Set/Reset Deadlines: Joint Status Report due by 4/15/2021 (hs) (Entered: 03/04/2021)
2021-04-1522Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 04/15/2021)
2021-04-22MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before May 17, 2021, the parties shall submit an additional joint status report advising the Court how they wish to proceed in this case. Signed by Judge Reggie B. Walton on April 22, 2021. (lcrbw2) (Entered: 04/22/2021)
2021-04-22Set/Reset Deadlines: Joint Status Report due by 5/17/2021 (hs) (Entered: 04/22/2021)
2021-05-1723Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 05/17/2021)
2021-06-04MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before June 16, 2021, the parties shall submit an additional joint status report advising the Court as to the status of their fee negotiations and, if an agreement has not been reached, proposing a schedule for the filing of a joint stipulation of dismissal and briefing on the issue of attorneys' fees. Signed by Judge Reggie B. Walton on June 4, 2021. (lcrbw2) (Entered: 06/04/2021)
2021-06-04Set/Reset Deadlines: Joint Status Report due by 6/16/2021 (hs) (Entered: 06/04/2021)
2021-06-1624Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 06/16/2021)
2021-06-24MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 16, 2021, the parties shall file a Joint Stipulation of Dismissal. It is further ORDERED that, in the event the parties are unable to resolve the outstanding fees and costs issue: (1) on or before August 16, 2021, the plaintiff shall file a motion for attorney's fees and costs; (2) on or before August 30, 2021, the defendants shall file their opposition to the plaintiff's motion for attorney's fees and costs ; and (3) on or before September 6, 2021, the plaintiff shall file a reply in support of her motion for attorney's fees and costs. Signed by Judge Reggie B. Walton on June 24, 2021. (lcrbw2) (Entered: 06/24/2021)
2021-06-24Set/Reset Deadlines: Motions due by 8/16/2021. Responses due by 8/30/2021 Replies due by 9/6/2021. (hs) (Entered: 06/24/2021)
2021-08-1025STIPULATION of Dismissal by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 08/10/2021)
2021-08-11MINUTE ORDER. In light of the parties' 25 Stipulation of Dismissal, it is hereby ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on August 11, 2021. (lcrbw2) (Entered: 08/11/2021)
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