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Case TitleProject South et al v. United States Immigration and Customs Enforcement et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv08440
Date Filed2021-10-13
Date ClosedOpen
JudgeJudge Andrew L. Carter, Jr
PlaintiffProject South
PlaintiffCenter for Constitutional Rights
Case DescriptionProject South and the Center for Constitutional Rights submitted FOIA requests to U.S. Immigration and Customs Enforcement, the Department of Homeland Security, the Department of Justice, and the Department of State for records concerning Cameroonian migrants. Project South also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests and the Executive Office for Immigration Review provided some spreadsheets. However, after hearing nothing further from the agencies, Project South and the Center for Constitutional Rights 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 Homeland Security
DefendantUnited States Citizenship and Immigration Services
DefendantUnited States Department of Justice Executive Office for Immigration Review
DefendantUnited States Department of State
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [27]
Opinion/Order [29]
Opinion/Order [33]
Opinion/Order [36]
Opinion/Order [41]
Opinion/Order [45]
Opinion/Order [78]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-131COMPLAINT against United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement. (Filing Fee $ 402.00, Receipt Number ANYSDC-25188868)Document filed by Project South, Center for Constitutional Rights. (Attachments: # 1 Exhibit Exhibit 1).(Sisay, Samah) (Entered: 10/13/2021)
2021-10-132CIVIL COVER SHEET filed..(Sisay, Samah) (Entered: 10/13/2021)
2021-10-133REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 10/13/2021)
2021-10-134REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 10/13/2021)
2021-10-135REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 10/13/2021)
2021-10-136REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 10/13/2021)
2021-10-137REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice Executive Office for Immigration Review, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 10/13/2021)
2021-10-14CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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 . .(vf) (Entered: 10/14/2021)
2021-10-14Magistrate Judge Barbara C. Moses 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 . (vf) (Entered: 10/14/2021)
2021-10-14Case Designated ECF. (vf) (Entered: 10/14/2021)
2021-10-148ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (vf) (Entered: 10/14/2021)
2021-10-149ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services. (vf) (Entered: 10/14/2021)
2021-10-1410ELECTRONIC SUMMONS ISSUED as to United States Department of State. (vf) (Entered: 10/14/2021)
2021-10-1411ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (vf) (Entered: 10/14/2021)
2021-10-1412ELECTRONIC SUMMONS ISSUED as to United States Department of Justice Executive Office for Immigration Review. (vf) (Entered: 10/14/2021)
2021-10-1413NOTICE OF APPEARANCE by Ghita Schwarz on behalf of Center for Constitutional Rights, Project South..(Schwarz, Ghita) (Entered: 10/14/2021)
2021-10-2214AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Citizenship and Immigration Services served on 10/20/2021, answer due 11/10/2021; United States Department of Homeland Security served on 10/15/2021, answer due 11/5/2021; United States Department of Justice Executive Office for Immigration Review served on 10/15/2021, answer due 11/5/2021; United States Department of State served on 10/15/2021, answer due 11/5/2021; United States Immigration and Customs Enforcement served on 10/15/2021, answer due 11/5/2021. Service was made by MAIL. Document filed by Project South; Center for Constitutional Rights. (Attachments: # 1 Attachment 1).(Sisay, Samah) (Entered: 10/22/2021)
2021-11-1015LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Andrew L. Carter, Jr. from Talia Kraemer dated Nov. 10, 2021. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 11/10/2021)
2021-11-1016NOTICE OF APPEARANCE by Talia Kraemer on behalf of United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 11/10/2021)
2021-11-1017AMENDED LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Andrew L. Carter, Jr. from Talia Kraemer dated Nov. 10, 2021. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 11/10/2021)
2021-11-1618ORDER granting 15 Letter Motion for Extension of Time to Answer re 15 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Andrew L. Carter, Jr. from Talia Kraemer dated Nov. 10, 2021, 17 AMENDED LETTER MOTION for Extension of Time to File Answer to 1 Complaint addressed to Judge Andrew L. Carter, Jr. from Talia Kraemer dated Nov. 10, 2021. United States Department of Justice Executive Office for Immigration Review answer due 11/29/2021; United States Department of Homeland Security answer due 11/29/2021; United States Immigration and Customs Enforcement answer due 11/29/2021; United States Department of State answer due 11/29/2021; United States Citizenship and Immigration Services answer due 11/29/2021; granting 17 Letter Motion for Extension of Time to Answer re 15 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Andrew L. Carter, Jr. from Talia Kraemer dated Nov. 10, 2021, 17 AMENDED LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Andrew L. Carter, Jr. from Talia Kraemer dated Nov. 10, 2021. Application GRANTED. The Clerk of Court is directed to terminate the letter motions at ECF Nos. 15, 17. SO ORDERED. United States Department of Justice Executive Office for Immigration Review answer due 11/29/2021; United States Department of Homeland Security answer due 11/29/2021; United States Immigration and Customs Enforcement answer due 11/29/2021; United States Department of State answer due 11/29/2021; United States Citizenship and Immigration Services answer due 11/29/2021. (Signed by Judge Andrew L. Carter, Jr on 11/16/2021) (va) (Entered: 11/16/2021)
2021-11-2919ANSWER to 1 Complaint,. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 11/29/2021)
2021-12-0120ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Andrew L. Carter, Jr on 12/1/2021) (ate) (Entered: 12/01/2021)
2021-12-0221NOTICE OF APPEARANCE by Baher Azmy on behalf of Center for Constitutional Rights, Project South..(Azmy, Baher) (Entered: 12/02/2021)
2021-12-0322MOTION for Ghita Schwarz to Withdraw as Attorney . Document filed by Center for Constitutional Rights, Project South..(Schwarz, Ghita) (Entered: 12/03/2021)
2021-12-0323ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: This action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. § 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. It appearing to the Court that no initial case management conference has yet taken place in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P.16 will be held on January 4, 2021, at 11:00 a.m., in Courtroom 20A, 500 Pearl Street, NewYork, New York. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ. P. 26(f) no later than 21 days prior to the initial case management conference. No later than one week (seven calendar days) prior to the conference, the parties shall file a Pre-Conference Statement, via ECF, signed by counsel for all parties. The Statement, which will constitute the written report required by Fed. R. Civ. P. 26(f)(2), shall contain the following information: and further set forth in this Order. (Initial Conference set for 1/4/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/3/2021) (rro) (Entered: 12/03/2021)
2021-12-0324MEMO ENDORSEMENT on 22 granting Motion for Leave to Withdraw as Counsel. ENDORSEMENT: Application Granted. The Clerk of Court is respectfully directed to terminate Ghita Schwarz as counsel of record for plaintiff in this action. SO ORDERED. Attorney Ghita Schwarz terminated. (Signed by Magistrate Judge Barbara C. Moses on 12/03/2021) (ama) (Entered: 12/03/2021)
2021-12-0925NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 12/09/2021)
2021-12-0926CONSENT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Talia Kraemer dated Dec. 9, 2021. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 12/09/2021)
2021-12-1027ORDER granting 26 Letter Motion to Adjourn Conference. Application GRANTED. The initial case management conference scheduled for January 4, 2022 (Dkt. No. 23) is adjourned to February 3, 2022 at 11 a.m., in Courtroom 20A, 500 Pearl Street, New York, New York. Initial Conference set for 2/3/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 12/10/2021) (ate) (Entered: 12/10/2021)
2022-01-2628CONSENT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Baher Azmy dated 01/26/2022. Document filed by Center for Constitutional Rights, Project South..(Azmy, Baher) (Entered: 01/26/2022)
2022-01-2729ORDER granting 28 Letter Motion to Adjourn Conference. Application GRANTED. The initial case management conference will take place on March 3, 2022, at 11:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. No later than February 24, 2022, the parties shall file their pre-conference joint statement. SO ORDERED. Initial Conference set for 3/3/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.. (Signed by Magistrate Judge Barbara C. Moses on 1/27/2022) (jca) (Entered: 01/27/2022)
2022-02-2430PRE-CONFERENCE STATEMENT . Document filed by Center for Constitutional Rights, Project South..(Azmy, Baher) (Entered: 02/24/2022)
2022-02-2431LETTER addressed to Magistrate Judge Barbara C. Moses from Baher Azmy dated 02/24/2022 re: Holding March 3, 2022 Conference by Video or Making Video Available at Conference. Document filed by Center for Constitutional Rights, Project South..(Azmy, Baher) (Entered: 02/24/2022)
2022-02-2832MEMO ENDORSEMENT on re: 31 Letter, filed by Center for Constitutional Rights, Project South. ENDORSEMENT: Application GRANTED to the extent that out-of-state counsel may call in to the conference at (888) 557-8511 by entering the access code 7746387. The conference will otherwise proceed, as scheduled, in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/28/2022) (rro) (Entered: 02/28/2022)
2022-03-03Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Case Management Conference held on 3/3/2022. (Snell, Kevin) (Entered: 03/03/2022)
2022-03-0333INITIAL CASE MANAGEMENT ORDER: After consultation with the parties, the Court adopts the following case management and scheduling order pursuant to Fed. R. Civ. P. 16: 1: The parties shall not amend their pleadings, or join additional parties, absent leave of the Court. Any motion to amend or to join additional parties pursuant to Fed. R. Civ. P. 15(a) shall be filed no later than March 17, 2022. Any motion to amend or to join additional parties filed after the deadline in this paragraph will be subject to the "good cause" standard in Fed. R.Civ. P. 16(b)(4). 2. The parties do not anticipate any discovery. 3. The parties report that they are meeting and conferring with regard to plaintiffs' FOIA requests and are not yet in a position to propose either a production schedule or a deadline for defendants to file a summary judgment motion. Consequently, Judge Moses will conduct a status and scheduling conference on April 25, 2022, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. No later than April 18, 2022, the parties shall submit a joint status letter updating the Court, on an agency by agency basis, as to (i) whether the parties have agreed on search terms and custodians; (ii) whether the government has conducted one or more searches and, if so, the volume of documents returned; (iii) whether the government has produced responsive documents and, if so, the volume of documents produced; and (iv) on what schedule the government will conduct any further searches and/or produce any further documents. The joint letter shall also propose a summary judgment schedule. 4. Any application for extension or adjournment of the time limits, deadlines or conferences set forth above must be made by letter motion, in accordance with this Court's Individual Practices as soon as the need for the extension or adjournment is reasonably apparent to the party making the application. Applications made after the expiration of the deadline in question may be summarily denied. SO ORDERED. ( Motions due by 3/17/2022.), ( Status Conference set for 4/25/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/3/2022) (vfr) (Entered: 03/03/2022)
2022-04-1834STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Stein, Ilan) (Entered: 04/18/2022)
2022-04-1835NOTICE OF APPEARANCE by Ilan Stein on behalf of United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Stein, Ilan) (Entered: 04/18/2022)
2022-04-1936ORDER: It has come to the Court's attention that plaintiff's lead counsel Baher Azmy is no longer associated with the Seton Hall Law School Center for Social Justice, Attorney Azmy is directed to update his address and other contact information on the ECF system. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/19/2022) (vfr) (Entered: 04/19/2022)
2022-04-2137TRANSCRIPT of Proceedings re: SCHEDULING CONFERENCE held on 3/3/2022 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022. (js) (Entered: 04/21/2022)
2022-04-2138NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a SCHEDULING CONFERENCE proceeding held on 3/3/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js) (Entered: 04/21/2022)
2022-04-2239LETTER addressed to Magistrate Judge Barbara C. Moses from Samah Sisay dated April 22, 2022 re: Conference Call for Status Conference. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 04/22/2022)
2022-04-2240MEMO ENDORSEMENT on re: 39 Letter filed by Center for Constitutional Rights, Project South. ENDORSEMENT: Application GRANTED. Out-of-state counsel, clients and stakeholders may call in to the conference at (888) 557-8511 by entering the access code 7746387. Due to a scheduling conflict, the April 25, 2022 conference will begin at 10:30 a.m. SO ORDERED. ( Status Conference set for 4/25/2022 at 10:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/22/2022) (tg) (Entered: 04/22/2022)
2022-04-25Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status and Scheduling Conference held on 4/25/2022. (tk) (Entered: 04/25/2022)
2022-04-2541ORDER: For the reasons discussed at today's status conference, it is hereby ORDERED that: 1.Summary Judgment. Summary judgment motions, if any, shall be filed no later than October 25, 2022. Summary judgment motion papers shall conform to the individual practices of the district judge. 2.Status Updates. The parties shall file joint status letters every (approximately) 60days. The first status letter is due no later than June 27, 2022; the second is due no later than August 26, 2022. In their joint status letters, the parties shall update the Court, on an agency by agency basis, as to (i) whether there are any remaining disputes about searches, and if so, what they are; (ii) what responsive documents have been produced; and (iii) on what schedule the government will conduct any further searches and/or produce for any further documents. (Signed by Magistrate Judge Barbara C. Moses on 4/25/2022) ( Motions due by 10/25/2022.) (ks) (Entered: 04/25/2022)
2022-05-1642TRANSCRIPT of Proceedings re: STATUS CONFERENCE held on 4/25/2022 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2022. Redacted Transcript Deadline set for 6/16/2022. Release of Transcript Restriction set for 8/15/2022. (js) (Entered: 05/16/2022)
2022-05-1643NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a STATUS CONFERENCE proceeding held on 4/25/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js) (Entered: 05/16/2022)
2022-06-2744STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Stein, Ilan) (Entered: 06/27/2022)
2022-07-0745ORDER: Consequently, it is hereby ORDERED that, on a going-forward basis: ICE shall process no less than 500 pages per month, producing the responsive pages to plaintiffs no later than the last business day of each month. State shall process no less than 400 pages per month, producing the responsive pages to plaintiffs no later than the last business day of the month. The due date for the parties' next status letter is EXTENDED to September 9, 2022.In the letter, the parties shall (i) update the Court on an agency by agency basis as to the progress of defendants' searches, processing, and production, as previously ordered; (ii) address whether and when defendants should produce a Vaughn index;and (iii) propose a modified summary judgment schedule, if necessary. (Signed by Magistrate Judge Barbara C. Moses on 7/7/2022) (rro) (Entered: 07/07/2022)
2022-09-0946JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Lucas Issacharoff dated 9/9/2022 re: Status. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 09/09/2022)
2022-11-0147MOTION for Caitlin J. Sandley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26903858. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Constitutional Rights, Project South. (Attachments: # 1 Affidavit of Caitlin J. Sandley, # 2 Exhibit Cert. of Good Standing, Alabama, # 3 Exhibit Cert of Good Standing, Georgia, # 4 Text of Proposed Order Granting Mot to Appear PHV).(Sandley, Caitlin) (Entered: 11/01/2022)
2022-11-02>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 47 MOTION for Caitlin J. Sandley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26903858. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sgz) (Entered: 11/02/2022)
2022-11-0248ORDER granting 47 Motion for Caitlin J. Sandley to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 11/2/2022) (ate) (Entered: 11/02/2022)
2022-11-0349LETTER addressed to Magistrate Judge Barbara C. Moses from Samah Sisay dated November 3, 2022 re: Status Update and Proposed Summary Judgment Briefing Schedule. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 11/03/2022)
2022-11-0350MEMO ENDORSEMENT on re: 49 Letter filed by Center for Constitutional Rights, Project South. ENDORSEMENT: Application GRANTED. SO ORDERED ( Cross Motions due by 5/19/2023., Motions due by 4/21/2023., Responses due by 6/2/2022, Replies due by 6/16/2023.) (Signed by Magistrate Judge Barbara C. Moses on 11/3/2022) (rro) (Entered: 11/03/2022)
2023-03-0251MOTION for Sadaf Doost to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27416615. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Constitutional Rights, Project South. (Attachments: # 1 Affidavit of Sadaf Doost, # 2 Exhibit California Supreme Court Certificate of Good Standing, # 3 Text of Proposed Order Granting Motion to Appear PHV).(Doost, Sadaf) (Entered: 03/02/2023)
2023-03-03>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 51 MOTION for Sadaf Doost to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27416615. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) (Entered: 03/03/2023)
2023-03-0352ORDER FOR ADMISSION PRO HAC VICE granting 51 Motion for Sadaf Doost to Appear Pro Hac Vice. (Signed by Magistrate Judge Barbara C. Moses on 3/3/2023) (vfr) (Entered: 03/03/2023)
2023-04-1753JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Lucas Issacharoff dated 4/17/2023. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 04/17/2023)
2023-04-1854ORDER granting 53 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/18/2023) (rro) (Entered: 04/18/2023)
2023-04-18Set/Reset Deadlines: Cross Motions due by 6/6/2023. Motions due by 5/9/2023. Responses due by 6/13/2023 Replies due by 6/20/2023. (rro) (Entered: 04/18/2023)
2023-05-0855CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Lucas Issacharoff dated 5/8/2023. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 05/08/2023)
2023-05-0856ORDER granting 55 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/8/2023) (rro) (Entered: 05/08/2023)
2023-05-08Set/Reset Deadlines: Cross Motions due by 6/9/2023. Motions due by 5/12/2023. Responses due by 6/16/2023 Replies due by 6/23/2023. (rro) (Entered: 05/08/2023)
2023-05-1257LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Lucas Issacharoff dated 5/12/2023. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 05/12/2023)
2023-05-1558ORDER granting 57 Letter Motion for Extension of Time. In their first request for an extension of their summary judgment deadline, defendants cited the need to "consider the scope of Plaintiff's challenges." (Dkt. 53.) The Court granted that request. (Dkt. 54.) In their second request for an extension of their summary judgment deadline, defendants asked for three extra days, "to obtain declarations from all of the agencies at issue." (Dkt. 55.) The Court granted that request. (Dkt. 56.) Defendants now request five more days, because "the Government has identified additional information that it requires from the agencies at issue." (Dkt. 57.) The application is GRANTED. In an effort to forestall a fourth extension request, defendants' deadline to file their summary judgment motion is EXTENDED to May 26, 2023. No further extensions of this deadline will be granted. Plaintiffs' opposition and cross-motion shall be filed no later than June 23, 2023. Defendants' reply and opposition to plaintiffs' cross-motion shall be filed no later than June 30, 2023. Plaintiffs' reply shall be filed no later than July 7, 2023. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/15/2023) (rro) (Entered: 05/15/2023)
2023-05-15Set/Reset Deadlines: Cross Motions due by 6/23/2023. Motions due by 5/26/2023. Responses due by 6/30/2023 Replies due by 7/7/2023. (rro) (Entered: 05/15/2023)
2023-05-2659CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Barbara C. Moses from Lucas Issacharoff dated 5/26/2023. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 05/26/2023)
2023-05-2660ORDER granting 59 Letter Motion for Leave to File Excess Pages. Application GRANTED. The parties are reminded that their motion papers must comply with the individual practices of the District Judge. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/26/2023) (rro) (Entered: 05/26/2023)
2023-05-2661MOTION for Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement. Responses due by 6/23/2023.(Issacharoff, Lucas) (Entered: 05/26/2023)
2023-05-2662MEMORANDUM OF LAW in Support re: 61 MOTION for Summary Judgment . . Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 05/26/2023)
2023-05-2663DECLARATION of Fernando Pineiro (ICE) in Support re: 61 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - ICE Vaughn Index, # 2 Exhibit B - FOIA Requests).(Issacharoff, Lucas) (Entered: 05/26/2023)
2023-05-2664DECLARATION of Catrina M. Pavlik-Keenan (DHS) in Support re: 61 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - DHS Vaughn Index).(Issacharoff, Lucas) (Entered: 05/26/2023)
2023-05-2665DECLARATION of Susan C. Weetman (State) in Support re: 61 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - State Vaughn Index).(Issacharoff, Lucas) (Entered: 05/26/2023)
2023-06-2366MOTION for Summary Judgment . Document filed by Center for Constitutional Rights, Project South. Responses due by 6/30/2023 Return Date set for 7/7/2023 at 11:59 PM..(Sisay, Samah) (Entered: 06/23/2023)
2023-06-2367MEMORANDUM OF LAW in Support re: 66 MOTION for Summary Judgment ., 61 MOTION for Summary Judgment . . Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 06/23/2023)
2023-06-2368DECLARATION of Samah Sisay in Support re: 61 MOTION for Summary Judgment ., 66 MOTION for Summary Judgment .. Document filed by Center for Constitutional Rights, Project South. (Attachments: # 1 Exhibit A - Briefing Guide, # 2 Exhibit B - Challenged ICE Exemptions, # 3 Exhibit C - Challenged DHS Exemptions, # 4 Exhibit D - Challenged State Exemptions, # 5 Exhibit E pt. 1 - Add'l Attachments Not Challenges, # 6 Exhibit E pt. 2 - Add'l Attachments Not Challenges, # 7 Exhibit F - Oct. 7, 2020 CRCL Complaint, # 8 Exhibit G - Apr. 25, 2022 Hr'g Tr., # 9 Exhibit H pt. 1 - ICE Air Operations Handbook, # 10 Exhibit H pt. 2 - ICE Air Operations Handbook, # 11 Exhibit I - ICE Fingerprints Directive, # 12 Exhibit J - Mar. 3, 2022 Hr'g Tr.).(Sisay, Samah) (Entered: 06/23/2023)
2023-06-2769LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses from Lucas Issacharoff dated 6/27/2023. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 06/27/2023)
2023-06-2770ORDER granting 69 Letter Motion for Extension of Time to File Response/Reply re 69 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Barbara C. Moses from Lucas Issacharoff dated 6/27/2023., 61 MOTION for Summary Judgment ., 66 MOTION for Summary Judgment . Application GRANTED. Defendants' opposition to plaintiffs' cross-motion for summary judgment shall be due no later than July 14 2023. Plaintiffs' reply shall be due no later than July 28, 2023. SO ORDERED. Responses due by 7/14/2023 Replies due by 7/28/2023.. (Signed by Magistrate Judge Barbara C. Moses on 6/27/2023) (tg) (Entered: 06/27/2023)
2023-07-1471REPLY MEMORANDUM OF LAW in Support re: 61 MOTION for Summary Judgment . and in Opposition re 66 Motion for Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 07/14/2023)
2023-07-1472DECLARATION of Fernando Pineiro in Support re: 61 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 07/14/2023)
2023-07-1473DECLARATION of Susan Weetman (Supplemental) in Support re: 61 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Justice Executive Office for Immigration Review, United States Department of State, United States Immigration and Customs Enforcement..(Issacharoff, Lucas) (Entered: 07/14/2023)
2023-07-2574CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Barbara C. Moses from SAMAH SISAY dated JULY 25, 2023. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 07/25/2023)
2023-07-2675ORDER granting 74 Letter Motion for Leave to File Excess Pages. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/26/2023) (rro) (Entered: 07/26/2023)
2023-07-2876REPLY MEMORANDUM OF LAW in Support re: 66 MOTION for Summary Judgment . . Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 07/28/2023)
2023-07-2877DECLARATION of Daniel Tse in Support re: 66 MOTION for Summary Judgment .. Document filed by Center for Constitutional Rights, Project South..(Sisay, Samah) (Entered: 07/28/2023)
2024-03-1278OPINION re: 66 MOTION for Summary Judgment . filed by Center for Constitutional Rights, Project South, 61 MOTION for Summary Judgment . filed by United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice Executive Office for Immigration Review, United States Department of Homeland Security. For the foregoing reasons, the Court concludes that State proved that it conducted an adequate search, and ICE and DHS failed to prove as a matter of law that they conducted an adequate search. State's motion for partial summary judgment is GRANTED and Plaintiffs' cross motion for partial summary judgment is DENIED. ICE's motion for partial summary judgment is DENIED and Plaintiffs' cross motion for partial summary judgment is GRANTED. ICE must conduct new searches. The parties should meet and confer regarding a search of (1) OPLA, (2) ICE Attach for Cameroon, and (3) ERO's Removal Division of special high risk charter flights (SHRC), and submit a joint status report regarding the proposed search and search terms within twenty-one days of this Order. DHS's motion for partial summary judgment is DENIED and Plaintiffs' cross motion for partial summary judgment is GRANTED. DHS must conduct new searches. The parties should meet and confer regarding a search of PLCY custodians, and submit a joint status report regarding the proposed search and search terms within twenty-one days of this Order. The Court also finds that ICE properly withheld documents pursuant to Exemption 5, 6, and 7(e); State did not properly withhold documents pursuant to Exemptions 3 and 5. ICE's motion for partial summary judgment pursuant to Exemptions 5, 6, and 7(e) is GRANTED and Plaintiffs' cross motion for partial summary judgment is DENIED. State's motion for partial summary judgment pursuant to Exemption 5 is DENIED and Plaintiffs' cross motion for partial summary judgment is GRANTED. State is directed to submit the records withheld under Exemption 5 to the Court for in camera inspection. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/12/2024) (tg) (Entered: 03/13/2024)
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