Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the Department of State properly withheld 130 documents in full and 11 in part under Exemption 3 (other statutes), citing section 222(f) of the Immigration and Nationality Act, which allows the agency to withhold records pertaining to the issuance or refusal of visas, in response to requests from Yolanda Vizcarra Calderon and Ranfiel Castaneda Sanchez. Vizcarra Calderon and Castaneda Sanchez argued that "only the thought processes of those who ruled on actual visa applications may be exempted under the INA, as opposed to information (like quasi-refusals) that may be used to rule on a future application." Cooper, however, pointed out that "but the Court need not decide whether a document revealing that State has placed a quasi-refusal designation in a FOIA requester's file is always exempt under section 222(f). Here, State has satisfied its burden to show that all of the records at issue â€" save one â€" were used in processing or adjudicating actual visa applications, regardless of whether the records contain a quasi-refusal designation." He added that "even if information compiled for the purpose of informing visa decisions is not generally covered by section 222(f) until it is used to adjudicate an actual applicationâ€"which the Court doubts â€" it is beyond dispute that such information is exempt when it has in fact been used by State in considering an actual visa application." Vizcarra Calderon and Castaneda Sanchez claimed that the other remaining document pertained to a visa revocation, which they argued was not covered by section 222(f). Cooper pointed out that there while Judge Emmet Sullivan had ruled in Darnbrough v. Dept of State, 924 F. Supp. 2d 213 (D.D.C. 2013) that visa revocations were not covered by section 222(f), Judge Randolph Moss, in Soto v. Dept of State, 2016 WL 3390667 (D.D.C., June 17, 2016), had ruled that revocations were covered by section 222(f). Cooper sided with Moss, noting that "section 222(f) is sufficiently broad to encompass revocations, even though 'issuance of a visa is undoubtedly a distinct act from the revocation of that same visa,' because 'the relevant question is not one of equivalence but of pertinence.'"
Issues: Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2018-04-04	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5404671) filed by YOLANDA VIZCARRA CALDERON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for DC, # 3 Summons U.S. Attorney General, # 4 Summons DHS, # 5 Summons State)(Wright, Jason) (Entered: 04/04/2018)
2018-04-04	2	NOTICE OF RELATED CASE by YOLANDA VIZCARRA CALDERON. Case related to Case No. 17-1458. (Wright, Jason) (Entered: 04/04/2018)
2018-04-04	3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- W. Asa Hutchison III, :Firm- The Asa Hutchinson Law Group, PLC, :Address- 912 W. Central Avenue. Phone No. - (479) 878-1600. Fax No. - (479) 876-8283 Filing fee $ 100, receipt number 0090-5404691. Fee Status: Fee Paid. by YOLANDA VIZCARRA CALDERON (Wright, Jason) (Entered: 04/04/2018)
2018-04-05		Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 04/05/2018)
2018-04-05	4	SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 04/05/2018)
2018-04-09		MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Christopher R. Cooper on 4/9/2018. (lccrc2) (Entered: 04/09/2018)
2018-05-16	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2018. (Wright, Jason) (Entered: 05/16/2018)
2018-05-31	6	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Haynes, Fred) (Entered: 05/31/2018)
2018-06-01		MINUTE ORDER granting 6 Defendants' Motion for Extension of Time to Answer. Defendants' response to the complaint shall now be due by June 29, 2018. Signed by Judge Christopher R. Cooper on 6/1/2018. (lccrc2) (Entered: 06/01/2018)
2018-06-01		Set/Reset Deadlines: Answer due by 6/29/2018 (lsj) (Entered: 06/01/2018)
2018-06-29	7	NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 06/29/2018)
2018-06-29	8	Consent MOTION for Extension of Time to File Answer and Memorandum in Support Thereof by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Seabrook, April) (Entered: 06/29/2018)
2018-07-02		MINUTE ORDER granting 8 Motion for Extension of Time. Defendants shall respond to the complaint on or before July 27, 2018. Signed by Judge Christopher R. Cooper on 7/2/2018. (lccrc3) (Entered: 07/02/2018)
2018-07-02		Set/Reset Deadlines: Answer due by 7/27/2018 (lsj) (Entered: 07/02/2018)
2018-07-26	9	Consent MOTION for Extension of Time to File Answer re 1 Complaint, Order on Motion for Extension of Time to Answer by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Seabrook, April) (Entered: 07/26/2018)
2018-08-01	10	ORDER granting 9 Motion for Extension of Time to File Answer. See full Order for details. Signed by Judge Christopher R. Cooper on 8/1/2018. (lccrc3) (Entered: 08/01/2018)
2018-08-01		Set/Reset Deadlines: Answer due by 8/16/2018 (lsj) (Entered: 08/01/2018)
2018-08-16	11	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Haynes, Fred) (Entered: 08/16/2018)
2018-08-20		MINUTE ORDER granting 11 Motion for Extension of Time to Answer. Defendants' Answer shall be filed on or before September 7, 2018. Signed by Judge Christopher R. Cooper on 08/20/2018. (lccrc3) (Entered: 08/20/2018)
2018-08-20		Set/Reset Deadlines: Answer due by 9/7/2018 (lsj) (Entered: 08/20/2018)
2018-09-07	12	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Seabrook, April) (Entered: 09/07/2018)
2018-09-11		MINUTE ORDER granting 12 Motion for Extension of Time to Answer. Defendants shall respond to the Complaint on or before October 16, 2018. No further extensions of the answer deadline shall be granted. Signed by Judge Christopher R. Cooper on 09/11/2018. (lccrc3) (Entered: 09/11/2018)
2018-09-12		Set/Reset Deadlines: Answer due by 10/16/2018 (lsj) (Entered: 09/12/2018)
2018-10-15	13	ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE.(Seabrook, April) (Entered: 10/15/2018)
2018-10-16		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by October 30, 2018. Signed by Judge Christopher R. Cooper on 10/16/2018. (lccrc3) (Entered: 10/16/2018)
2018-10-16		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/30/2018 (lsj) (Entered: 10/16/2018)
2018-10-30	14	Joint STATUS REPORT and Proposed Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Seabrook, April) (Entered: 10/30/2018)
2018-11-01		VACATED PURSUANT TO MINUTE ORDER ENTERED 2/13/2019.....MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report and Proposed Briefing Schedule, it is hereby ORDERED that the parties shall adhere to the following briefing schedule: Defendants shall file their motion for summary judgment on or before January 22, 2019; Plaintiff shall file her opposition and cross-motion for summary judgment on or before February 22, 2019; Defendants shall file their reply and opposition on or before March 13, 2019; Plaintiff shall file her reply on or before March 30, 2019. Signed by Judge Christopher R. Cooper on 11/01/2018. (lccrc3) Modified on 2/14/2019 (zlsj). (Entered: 11/01/2018)
2018-11-01		Set/Reset Deadlines: Summary Judgment motions due by 1/22/2019. Response to Motion for Summary Judgment due by 2/22/2019. Reply to Motion for Summary Judgment due by 3/13/2019. Replies due by 3/30/2019. (lsj) (Entered: 11/01/2018)
2018-12-20	15	NOTICE OF SUBSTITUTION OF COUNSEL by Jason Todd Cohen on behalf of All Defendants Substituting for attorney April Denise Seabrook and Fred Elmore Haynes (Cohen, Jason) (Entered: 12/20/2018)
2019-01-18	16	MOTION to Stay by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/18/2019)
2019-01-21		MINUTE ORDER granting 16 Motion to Stay. Defendants shall notify the Court once necessary appropriations are restored. Signed by Judge Christopher R. Cooper on 01/21/2019. (lccrc3) (Entered: 01/21/2019)
2019-01-29	17	NOTICE of Restored Government Funding by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Cohen, Jason) (Entered: 01/29/2019)
2019-02-01		MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. The parties shall provide a joint status report on or before February 8, 2019, which shall include a proposed schedule for future proceedings. Signed by Judge Christopher R. Cooper on 02/01/2019. (lccrc3) (Entered: 02/01/2019)
2019-02-01		Set/Reset Deadlines: Joint Status Report and Proposed Briefing Schedule due by 2/8/2019 (lsj) (Entered: 02/01/2019)
2019-02-08	18	Joint STATUS REPORT by YOLANDA VIZCARRA CALDERON. (Attachments: # 1 Text of Proposed Order)(Wright, Jason) (Entered: 02/08/2019)
2019-02-13		MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the briefing schedule entered on November 1, 2018 is VACATED. It is further ORDERED that the parties shall file a joint status report on or before March 11, 2019. Signed by Judge Christopher R. Cooper on 02/13/2019. (lccrc3) (Entered: 02/13/2019)
2019-02-14		Set/Reset Deadlines: Joint Status Report due by 3/11/2019 (lsj) (Entered: 02/14/2019)
2019-03-11	19	Joint STATUS REPORT and Proposed Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Seabrook, April) (Entered: 03/11/2019)
2019-03-12		VACATED PURSUANT TO MINUTE ORDER ENTERED 4/16/2019.....MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall adhere to the following briefing schedule: Defendants shall file their motion for summary judgment on or before April 12, 2019; Plaintiff shall file her opposition and cross-motion for summary judgment on or before May 12, 2019; Defendants shall file their reply and opposition on or before June 3, 2019; Plaintiff shall file her reply on or before June 27, 2019. Signed by Judge Christopher R. Cooper on 03/12/2019. (lccrc3) Modified on 4/16/2019 (zlsj). (Entered: 03/12/2019)
2019-03-12		Set/Reset Deadlines: Summary Judgment motions due by 4/12/2019. Response to Motion for Summary Judgment due by 5/12/2019. Cross Motions due by 5/12/2019. Reply to Motion for Summary Judgment due by 6/3/2019. Response to Cross Motions due by 6/3/2019. Reply to Cross Motions due by 6/27/2019. (znbn) (Entered: 03/13/2019)
2019-04-12	20	NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of All Defendants Substituting for attorney Jason Cohen (Seabrook, April) (Entered: 04/12/2019)
2019-04-12	21	Joint STATUS REPORT and Proposed Amended Briefing Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Seabrook, April) (Entered: 04/12/2019)
2019-04-16		VACATED PURSUANT TO MINUTE ORDER ENTERED 5/10/2019......MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the briefing schedule entered on March 12, 2019 is vacated. The parties shall adhere to the following briefing schedule: Defendants shall file their motion for summary judgment on or before May 24, 2019; Plaintiff shall file her opposition and cross-motion for summary judgment on or before June 24, 2019; Defendants shall file their reply and opposition on or before July 12, 2019; Plaintiff shall file her reply on or before July 26, 2019. The Court encourages the parties to narrow any remaining issues and adhere to this briefing schedule. Signed by Judge Christopher R. Cooper on 04/16/2019. (lccrc3) Modified on 5/13/2019 (zlsj). (Entered: 04/16/2019)
2019-04-16		Set/Reset Deadlines: Summary Judgment motions due by 5/24/2019. Response to Motion for Summary Judgment due by 6/24/2019. Reply to Motion for Summary Judgment due by 7/12/2019. Replies due by 7/26/2019. (lsj) (Entered: 04/16/2019)
2019-05-03		MINUTE ORDER: The parties are directed to confer and notify the Court whether the issues in this case and in 18-cv-765 are sufficiently related to warrant a consolidated briefing schedule and/or formal consolidation pursuant to Federal Rule of Civil Procedure 42(a). Signed by Judge Christopher R. Cooper on 05/03/2019. (lccrc3) (Entered: 05/03/2019)
2019-05-10		VACATED PURSUANT TO MINUTE ORDER ENTERED 6/25/2019.....MINUTE ORDER: Upon consideration of the Joint Notice to the Court filed as Docket Number 20 in 18-cv-765, it is hereby ORDERED that this case shall be consolidated with 18-cv-765 pursuant to Federal Rule of Civil Procedure 42(a). All filings should be made in lead case 18-cv-764. The Court hereby VACATES the briefing schedule set on April 16, 2019. The parties shall adhere to the following briefing schedule: Defendants shall file their consolidated motion for summary judgment on or before June 24, 2019; Plaintiffs shall file their consolidated opposition and cross-motion for summary judgment on or before July 22, 2019; Defendants shall file their reply and opposition on or before August 12, 2019; Plaintiffs shall file their reply on or before August 26, 2019. Signed by Judge Christopher R. Cooper on 05/10/2019. (lccrc3) Modified on 5/13/2019 (zlsj). Modified on 6/25/2019 (zlsj). (Entered: 05/10/2019)
2019-05-13		Set/Reset Deadlines: Summary Judgment motions due by 6/24/2019. Response to Motion for Summary Judgment due by 7/22/2019. Reply to Motion for Summary Judgment due by 8/12/2019. Replies due by 8/26/2019. (lsj) (Entered: 05/13/2019)
2019-06-21	22	Consent MOTION to Amend/Correct Order,,, by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Seabrook, April) (Entered: 06/21/2019)
2019-06-25		VACATED PURSUANT TO MINUTE ORDER ENTERED ON 8/6/2019.....MINUTE ORDER granting 22 Motion to Amend Briefing Schedule and vacating the schedule entered on May 10, 2019. The parties shall adhere to the following briefing schedule: Defendants shall file their consolidated motion for summary judgment on or before August 6, 2019; Plaintiffs shall file their consolidated opposition and cross-motion for summary judgment on or before September 6, 2019; Defendants shall file their reply and opposition on or before September 27, 2019; Plaintiffs shall file their reply on or before October 11, 2019. Signed by Judge Christopher R. Cooper on 06/25/2019. (lccrc3) Modified on 8/7/2019 (lsj). (Entered: 06/25/2019)
2019-08-06	23	Consent MOTION to Amend/Correct Order on Motion to Amend/Correct,, Briefing Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Seabrook, April) (Entered: 08/06/2019)
2019-08-06		MINUTE ORDER granting 23 Motion to Amend the Briefing Schedule and vacating the schedule entered June 25, 2019. The parties shall adhere to the following briefing schedule: Defendants shall file their consolidated motion for summary judgment on or before August 27, 2019; Plaintiffs shall file their consolidated opposition and cross-motion for summary judgment on or before September 27, 2019; Defendants shall file their reply and opposition on or before October 18, 2019; Plaintiffs shall file their reply on or before November 1, 2019. Given the numerous prior extensions in this case, the Court expects the parties to adhere to this revised briefing schedule. Signed by Judge Christopher R. Cooper on 08/06/2019. (lccrc3) (Entered: 08/06/2019)
2019-08-07		Set/Reset Deadlines: Summary Judgment motions due by 8/27/2019. Response to Motion for Summary Judgment due by 9/27/2019. Reply to Motion for Summary Judgment due by 10/18/2019. Replies due by 11/1/2019. (lsj) (Entered: 08/07/2019)
2019-08-27	24	MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Exhibit A - Weetman Declaration, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20)(Seabrook, April) (Entered: 08/27/2019)
2019-09-25	25	Unopposed MOTION for Extension of Time to File Response/Reply by YOLANDA VIZCARRA CALDERON, RANFIEL CASTANEDA SANCHEZ (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC(Wright, Jason) (Entered: 09/25/2019)
2019-09-26		MINUTE ORDER granting 25 Motion for Extension of Time to File Consolidated Opposition and Cross-Motion for Summary Judgment. Plaintiffs shall now file their consolidated opposition and cross-motion for summary judgment on or before October 11, 2019; Defendants shall file their reply and opposition on or before November 1, 2019; and Plaintiffs shall file their reply on or before November 15, 2019. Signed by Judge Christopher R. Cooper on 09/26/2019. (lccrc3, ) (Entered: 09/26/2019)
2019-09-26		Set/Reset Deadlines: Cross Motions due by 10/11/2019. Response to Cross Motions due by 1/1/2019. Reply to Cross Motions due by 11/15/2019. (lsj) (Entered: 09/26/2019)
2019-10-11	26	Memorandum in opposition to re (24 in 1:18-cv-00764-CRC) MOTION for Summary Judgment filed by YOLANDA VIZCARRA CALDERON. (Attachments: # 1 Statement of Facts Response to Defendant's Statement, # 2 Statement of Facts Plaintiffs' Statement of Facts in Material Dispute, # 3 Text of Proposed Order)Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC(Wright, Jason) (Entered: 10/11/2019)
2019-11-01	27	ENTERED IN ERROR. . . . .Consent MOTION for Extension of Time to File Response/Reply as to (24 in 1:18-cv-00764-CRC) MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC(Seabrook, April) Modified on 11/1/2019 (ztd). (Entered: 11/01/2019)
2019-11-01	28	Amended MOTION for Extension of Time to File Response/Reply as to (24 in 1:18-cv-00764-CRC) MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC(Seabrook, April) (Entered: 11/01/2019)
2019-11-01		MINUTE ORDER granting 28 Motion for Extension of Time to File Response/Reply. Defendants' Reply is now due on or before November 8, 2019. Signed by Judge Christopher R. Cooper on 11/1/2019. (lccrc3) (Entered: 11/01/2019)
2019-11-01		NOTICE OF CORRECTED DOCKET ENTRY: re 27 Consent MOTION for Extension of Time to File Response/Reply as to (24 in 1:18-cv-00764-CRC) MOTION for Summary Judgment was entered in error and counsel refiled said pleading as docket entry no. 28 . (ztd) (Entered: 11/01/2019)
2019-11-01		Set/Reset Deadlines: Response to Cross Motions due by 11/8/2019. (lsj) (Entered: 11/01/2019)
2019-11-08	29	MOTION for Extension of Time to File Response/Reply as to (24 in 1:18-cv-00764-CRC) MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC(Seabrook, April) (Entered: 11/08/2019)
2019-11-12		MINUTE ORDER granting 29 Motion for Extension of Time to File Response/Reply (26 in 1:18-cv-00765-CRC). Defendants' Reply is now due on or before November 13, 2019. Signed by Judge Christopher R. Cooper on 11/12/2019. (lccrc3) (Entered: 11/12/2019)
2019-11-13	30	REPLY to opposition to motion re (24 in 1:18-cv-00764-CRC) MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC(Seabrook, April) (Entered: 11/13/2019)
2020-02-18	31	ORDER granting Defendants' ( 24 filed in 18-cv-764) Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 02/18/2020. Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC (lccrc3) (Entered: 02/18/2020)
2020-02-18	32	MEMORANDUM OPINION re: ( 31 filed in 18-cv-764) Order. Signed by Judge Christopher R. Cooper on 02/18/2020. Associated Cases: 1:18-cv-00764-CRC, 1:18-cv-00765-CRC (lctd) (Entered: 02/18/2020)
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