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Case TitleTahirih Justice Center v. United States Citizenship and Immigration Services et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2021cv00934
Date Filed2021-08-17
Date ClosedOpen
JudgeDistrict Judge T. S. Ellis, III
PlaintiffTahirih Justice Center
Case DescriptionThe Tahirih Justice Center submitted two FOIA requests to U.S. Citizenship and Immigration Services for records concerning the agency's decision to change its policy to give priority to the most recently filed asylum applicants. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Tahirih Justice Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Citizenship and Immigration Services
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-091COMPLAINT against United States Citizenship and Immigration Services, United States Department of Homeland Security ( Filing fee $ 402, receipt number 0971-16060525.). Filed byTahirih Justice Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Burke, Thomas) (Filed on 6/9/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/09/2021)
2021-06-092Proposed Summons. (Burke, Thomas) (Filed on 6/9/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/09/2021)
2021-06-103Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/24/2021. (mbcS, COURT STAFF) (Filed on 6/10/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/10/2021)
2021-06-104Summons Issued as to United States Citizenship and Immigration Services, United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General. (cjlS, COURT STAFF) (Filed on 6/10/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/10/2021)
2021-06-105Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/8/2021. Initial Case Management Conference set for 9/15/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 6/10/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/10/2021)
2021-06-106MOTION for leave to appear in Pro Hac Vice Re: Alicia J. LeDuc (Filing fee $ 317, receipt number 0971-16065030) filed by Tahirih Justice Center. (Attachments: # 1 Certificate of Good Standing)(Burke, Thomas) (Filed on 6/10/2021) Modified on 6/11/2021 (cjlS, COURT STAFF). [Transferred from California Northern on 8/17/2021.] (Entered: 06/10/2021)
2021-06-157Corporate Disclosure Statement by Tahirih Justice Center (Burke, Thomas) (Filed on 6/15/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/15/2021)
2021-06-24Electronic filing error . NOTICE TO COUNSEL: Counsel must file their own Pro Hac Vice Application using their own ECF Profiles to appear on the docket. This filing will not be proc essed by the clerks office. Please re-file in its entirety Re: 6 MOTION for leave to appear in Pro Hac Vice Re: Alicia J. LeDuc filed by Tahirih Justice Center. (cjlS, COURT STAFF) (Filed on 6/24/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/24/2021)
2021-06-248MOTION for leave to appear in Pro Hac Vice of Alicia LeDuc ( Filing fee $ 317, receipt number 0971-16065030.) Filing fee previously paid on 6/10/21 filed by Tahirih Justice Center. (Attachments: # 1 Certificate of Good Standing)(LeDuc, Alicia) (Filed on 6/24/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/24/2021)
2021-06-259ORDER by Judge Donna M. Ryu Granting 8 Motion for Pro Hac Vice as to of Alicia LeDuc. (ndrS, COURT STAFF) (Filed on 6/25/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/25/2021)
2021-06-2510CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 7/9/2021. (ndrS, COURT STAFF) (Filed on 6/25/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/25/2021)
2021-06-2911CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tahirih Justice Center.. (LeDuc, Alicia) (Filed on 6/29/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/29/2021)
2021-06-3012CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jjoS, COURT STAFF) (Filed on 6/30/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 06/30/2021)
2021-07-0113ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Signed by the Clerk on 7/1/2021. (Attachments: # 1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 7/1/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 07/01/2021)
2021-07-0114REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 9/1/2021. Initial Case Management Conference set for 9/8/2021, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, September 2, 2021, by no later than 10:00 a.m. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Filed on 7/1/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 07/01/2021)
2021-07-1415AFFIDAVIT of Service for Summons, Complaint, Case Management Order, Plaintiff's Corporate Disclosure, and all initial case filings served on United States Citizenship and Immigration Services on 6/30/21, filed by Tahirih Justice Center. (Attachments: # 1 Certificate/Proof of Service as to US Citizenship and Immigration Services via certified mail, # 2 Certificate/Proof of Service as to US Citizenship and Immigration Services FOIA Office via certified mail)(LeDuc, Alicia) (Filed on 7/14/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 07/14/2021)
2021-07-1416AFFIDAVIT of Service for Summons, Complaint, Case Management Order, Plaintiff's Corporate Disclosure, and all initial case filings served on United States Department of Homeland Security on 6/30/21, filed by Tahirih Justice Center. (Attachments: # 1 Certificate/Proof of Service as to US Department of Homeland Security via certified mail, # 2 Certificate/Proof of Service as to US Department of Homeland Security FOIA Office via certified mail)(LeDuc, Alicia) (Filed on 7/14/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 07/14/2021)
2021-07-1417AFFIDAVIT of Service for Summons, Complaint, Case Management Order, Plaintiff's Corporate Disclosure, and all initial case filings via certified mail served on United States Department of Justice, Attorney General on 6/30/21, filed by Tahirih Justice Center. (LeDuc, Alicia) (Filed on 7/14/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 07/14/2021)
2021-07-2818NOTICE of Appearance by Shiwon Choe for Defendants (Choe, Shiwon) (Filed on 7/28/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 07/28/2021)
2021-07-2819STIPULATION to Extend Time to Respond to Complaint to 8/6/2021 filed by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Choe, Shiwon) (Filed on 7/28/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 07/28/2021)
2021-08-0420NOTICE by Tahirih Justice Center Withdrawal of Attorney Alicia LeDuc (LeDuc, Alicia) (Filed on 8/4/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 08/04/2021)
2021-08-0621STIPULATION to Extend Time to Respond to Complaint to 8/13/2021 filed by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Choe, Shiwon) (Filed on 8/6/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 08/06/2021)
2021-08-0622NOTICE of Appearance by Monder Khoury (Khoury, Monder) (Filed on 8/6/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 08/06/2021)
2021-08-1223STIPULATION WITH PROPOSED ORDER to Transfer Case to the United States District Court for the Eastern District of Virginia Pursuant to 28 U.S.C. § 1404(a) and STIPULATION to Extend Time to Respond to Complaint filed by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Choe, Shiwon) (Filed on 8/12/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 08/12/2021)
2021-08-1624Order by Judge Vince Chhabria granting 23 Stipulation to Transfer Case. (vclc3S, COURT STAFF) (Filed on 8/16/2021) [Transferred from California Northern on 8/17/2021.] (Entered: 08/16/2021)
2021-08-1725Case transferred in from District of California Northern; Case Number 3:21-cv-04440. Original file and docket sheet received. (Entered: 08/17/2021)
2021-09-1626Consent MOTION for Extension of Time by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 09/16/2021)
2021-09-1627ORDER granting 26 Consent MOTION for Extension of Time ; directing that Defendants will answer or otherwise respond to Plaintiff's Complaint on or before Thursday, September 30, 2021. Signed by Magistrate Judge Theresa Carroll Buchanan on 21-934. (dest) (Entered: 09/16/2021)
2021-09-1728Motion to appear Pro Hac Vice by Monder Khoury and Certification of Local Counsel Patrick John Curran Jr Filing fee $ 75, receipt number AVAEDC-8001546. by Tahirih Justice Center. (Curran, Patrick) (Entered: 09/17/2021)
2021-09-1729Motion to appear Pro Hac Vice by Thomas Burke and Certification of Local Counsel Patrick John Curran Jr Filing fee $ 75, receipt number AVAEDC-8001764. by Tahirih Justice Center. (Curran, Patrick) (Entered: 09/17/2021)
2021-09-3030ANSWER to 1 Complaint, by United States Citizenship and Immigration Services, United States Department of Homeland Security.(Spavins, Elizabeth) (Entered: 09/30/2021)
2021-09-3031ORDER granting 28 Motion for Pro hac vice Appointed Monder Khoury for Tahirih Justice Center. Signed by District Judge T. S. Ellis, III on 09/30/2021. (clar, ) (Entered: 10/01/2021)
2021-09-3032ORDER granting 29 Motion for Pro hac vice Appointed Thomas Rohlfs Burke for Tahirih Justice Center. Signed by District Judge T. S. Ellis, III on 09/30/2021. (clar, ) (Entered: 10/01/2021)
2021-10-0733VACATED per ECF 37 SCHEDULING ORDER: Initial Pretrial Conference set for 11/3/2021 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Discovery due by 1/21/2022. Final Pretrial Conference set for 3/3/2022 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do not file dispositive motions). Final Pretrial Conference set for 4/21/2022 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do file dispositive motions). Signed by District Judge T. S. Ellis, III on 10/07/2021. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice) (tran) Modified on 10/28/2021 (lber). (Entered: 10/07/2021)
2021-10-2734Joint MOTION to Vacate 33 Scheduling Order,, by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 10/27/2021)
2021-10-2735Joint MOTION for Production Schedule by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 10/27/2021)
2021-10-2836ORDER granting 35 Joint MOTION for Production Schedule; and it is further ORDERED that USCIS will begin monthly rolling productions in November 2021; and it is further ORDERED that on or before February 15, 2022, the parties will jointly submit a status report regarding, inter alia, whether any issues remain that need to be resolved by the Court. Signed by District Judge T. S. Ellis, III on 10/28/2021. (lber) Modified text on 11/4/2021 (lber). (Entered: 10/28/2021)
2021-10-2837ORDER granting 34 Motion to Vacate 33 Scheduling Order. Signed by District Judge T. S. Ellis, III on 10/28/2021. (lber) (Entered: 10/28/2021)
2021-10-28Terminated Deadlines/Hearings: Initial Pretrial Conference, Discovery Deadline, and Final Pretrial Conference. (lber) (Entered: 11/01/2021)
2022-02-1538STATUS REPORT and Second Joint Motion for Production Schedule by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 02/15/2022)
2022-02-16Notice of Correction re 38 STATUS REPORT and Second Joint Motion for Production Schedule. The filing user has been notified to file the document separately for each motion relief. (lber) (Entered: 02/16/2022)
2022-02-1639Joint MOTION for Production Schedule by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 02/16/2022)
2022-02-1640ORDER granting 39 Joint MOTION for Production Schedule (See Order for Details). Signed by District Judge T. S. Ellis, III on 2/16/2022. (lber) (Entered: 02/16/2022)
2022-02-2541MOTION for Reconsideration re 40 Order on Motion for Miscellaneous Relief by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 02/25/2022)
2022-02-2542Memorandum in Support re 41 MOTION for Reconsideration re 40 Order on Motion for Miscellaneous Relief filed by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Exhibit A)(Spavins, Elizabeth) (Entered: 02/25/2022)
2022-02-2543Notice of Hearing Date set for March 25, 2022 re 41 MOTION for Reconsideration re 40 Order on Motion for Miscellaneous Relief (Spavins, Elizabeth) (Entered: 02/25/2022)
2022-02-25Set Deadlines as to 41 MOTION for Reconsideration re 40 Order on Motion for Miscellaneous Relief . Motion Hearing set for 3/25/2022 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) (Entered: 02/28/2022)
2022-03-0944NOTICE of Appearance by Robert G. Scott, Jr on behalf of Tahirih Justice Center (Scott, Robert) (Entered: 03/09/2022)
2022-03-1145Opposition to 41 MOTION for Reconsideration re 40 Order on Motion for Miscellaneous Relief filed by Tahirih Justice Center. (Scott, Robert) (Entered: 03/11/2022)
2022-03-1746REPLY to Response to Motion re 41 MOTION for Reconsideration re 40 Order on Motion for Miscellaneous Relief filed by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Spavins, Elizabeth) (Entered: 03/17/2022)
2022-03-2447NOTICE by United States Citizenship and Immigration Services, United States Department of Homeland Security re 43 Notice of Hearing Date filed Jointly with Plaintiff Tahirih Justice Center (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 03/24/2022)
2022-03-2448ORDERED that the hearing as to Defendants' Motion for Reconsideration scheduled for March 25, 2022 is CANCELLED; and it is further ORDERED that USCIS will continue monthly rolling productions in March and April 2022 with the expectation that USCIS will produce all responsive, non-exempt or non-exempt portions of records to Tahirih Justice Center by April 18, 2022 (See Order for Details). Signed by District Judge T. S. Ellis, III on 3/24/2022. (lber) (Entered: 03/24/2022)
2022-03-24***Motion Hearing terminated: 41 MOTION for Reconsideration re 40 Order on Motion for Miscellaneous Relief. Motion Hearing set for 3/25/2022 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (lber) (Entered: 03/24/2022)
2022-05-1849STATUS REPORT by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Spavins, Elizabeth) (Entered: 05/18/2022)
2022-05-1950ORDER in re 49 Status Report. ORDERED that on or before June 24, 2022, the parties will jointly submit a status report regarding, inter alia, whether any issues remain that need to be resolved by the Court. Signed by District Judge T. S. Ellis, III on 5/19/2022. (kgall) (Entered: 05/19/2022)
2022-06-2451STATUS REPORT by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 06/24/2022)
2022-07-2752ORDERED that on or before August 19, 2022, the parties will jointly submit a status report regarding, inter alia, whether any issues remain that need to be resolved by the Court. If no issues remain as of August 19, 2022, the parties are DIRECTED to file a motion seeking dismissal of this matter. ORDERED that the government's motion for reconsideration (Dkt. 41) is DENIED, as that motion was resolved by an Order issued March 24, 2022. See Dkt. 48. Signed by District Judge T. S. Ellis, III on 7/27/2022. (kgall) (Entered: 07/27/2022)
2022-08-11Case Reassigned to Magistrate Judge William E. Fitzpatrick. Magistrate Judge Theresa Carroll Buchanan no longer assigned to the case. (jlan) (Entered: 08/11/2022)
2022-08-1953STATUS REPORT by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 08/19/2022)
2022-08-2254ORDERED that on or before September 19, 2022, the parties will jointly submit a status report regarding, inter alia , whether any issues remain that need to be resolved by the Court. Signed by District Judge T. S. Ellis, III on 08/22/2022. (tran) (Entered: 08/22/2022)
2022-09-1955STATUS REPORT by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 09/19/2022)
2022-09-2056ORDERED that on or before October 19, 2022, the parties will jointly submit a status report regarding, inter alia , whether any issues remain that need to be resolved by the Court. Signed by District Judge T. S. Ellis, III on 09/20/2022. (tran) (Entered: 09/20/2022)
2022-10-1957STATUS REPORT by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 10/19/2022)
2022-10-1958ORDER in re 57 Status Report filed by United States Citizenship and Immigration Services, United States Department of Homeland Security. ORDERED that on or before November 18, 2022, the parties will jointly submit a status report regarding, inter alia, whether any issues remain that need to be resolved by the Court. Signed by District Judge T. S. Ellis, III on 10/19/2022. (show) (Entered: 10/19/2022)
2022-11-1859STATUS REPORT by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 11/18/2022)
2022-11-1860ORDERED that on or before December 18, 2022, the parties will jointly submit a status report regarding, inter alia , whether any issues remain that need to be resolved by the Court. Signed by District Judge T. S. Ellis, III on 11/18/2022. (dzir) (Entered: 11/18/2022)
2022-12-0561STIPULATION of Dismissal with Prejudice by United States Citizenship and Immigration Services, United States Department of Homeland Security. (Spavins, Elizabeth) (Entered: 12/05/2022)
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