Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that U.S. Immigration and Customs Enforcement properly withheld identifying information concerning 12 individuals who were arrested in July 2018 in the District of Columbia as part of a 12-day operation by the agency in the Washington, D.C. metropolitan area that resulted in the arrest of 132 individuals. The District of Columbia requested records on the 12 individuals arrested in the District. ICE located 390 pages but disclosed only 46 pages. The agency claimed that under SafeCard Services v. SEC, 926 F.2d 1197 (D.C. Cir. 1991), in which the D.C. Circuit ruled that absent evidence of misconduct third-party identifying information in law enforcement records was categorically exempt, the names of the 12 arrestees could be categorially withheld under Exemption 7(C) (invasion of privacy concerning law enforcement records). The District argued that CREW v. Dept of Justice (CREW I), 746 F.3d 1082 (D.C. Cir. 2014), in which the D.C. Circuit indicated that SafeCard Services did not apply in toto to personal data where the subject of the investigation â€" in this case former majority leader Tom DeLay (R-TX) â€" had been publicly identified. Chutkan found that the District had misinterpreted the reach of CREW I and that it was not applicable under the circumstances here, noting that "this is not a case where the individuals have already been publicly implicated in the ICE operation." Chutkan then rejected the District's arguments that the arrests were improper or that the names had already been publicly disclosed. She pointed out that "the District focuses on the fact that the arrestees' prior convictions and pending charges are public information. But those prior disclosures have no bearing on the arrestees' primary privacy interest â€" not being connected to ICE's enforcement operation. The District has not shown that there was any prior disclosure of the investigation underlying the disputed records â€" i.e., ICE's arrests or resulting proceedings â€" that would trigger a diminished privacy interest."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2018-10-22	1	COMPLAINT against UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Fee Status:Filing Fee Waived) filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Rock, Jimmy) (Attachment 1 replaced on 10/23/2018) (jf). (Entered: 10/22/2018)
2018-10-22		Case Assigned to Judge Tanya S. Chutkan. (zmd) (Entered: 10/23/2018)
2018-10-24	2	SUMMONS (1) Issued Electronically as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 10/24/2018)
2018-11-26	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 10/30/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/30/2018.) (Attachments: # 1 Exhibit)(Rock, Jimmy) (Entered: 11/26/2018)
2018-11-30	4	NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) (Entered: 11/30/2018)
2018-11-30	5	ANSWER to Complaint by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Cirino, Paul) (Entered: 11/30/2018)
2018-11-30		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 1/8/19. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/30/18. (DJS) (Entered: 11/30/2018)
2018-12-03		Set/Reset Deadlines: Joint Status Report due by 1/8/2019. (tb) (Entered: 12/03/2018)
2019-01-04	6	MOTION to Stay in Light of Lapse in Appropriations by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Cirino, Paul) (Entered: 01/04/2019)
2019-01-07		MINUTE ORDER: Denying 6 Without Prejudice Motion to Stay for failure to comply with Local Civil Rule 7(c), which requires that "[e]ach motion... shall be accompanied by a proposed order." Signed by Judge Tanya S. Chutkan on 1/7/19. (DJS) (Entered: 01/07/2019)
2019-01-07	7	MOTION to Stay (Defendant's Motion to Stay Proceedings in Light of Lapse in Appropriations) by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 01/07/2019)
2019-01-08	8	STATUS REPORT by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Rock, Jimmy) (Entered: 01/08/2019)
2019-01-17		MINUTE ORDER: Granting Defendant's Motion to Stay 7 . Defendants' counsel shall notify the court within seven days after Congress has appropriated funds for the Justice Department. It is further ordered that all current deadlines for the parties shall be extended commensurate with the duration of the lapse in appropriations. Signed by Judge Tanya S. Chutkan on 1/17/19. (DJS) (Entered: 01/17/2019)
2019-01-29	9	NOTICE of Restored Government Funding by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Cirino, Paul) (Entered: 01/29/2019)
2019-02-12	10	Joint STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 02/12/2019)
2019-02-26		MINUTE ORDER: Having considered the parties' joint status report 10 , it is hereby ordered that the parties shall file another joint status report 3/12/19. The report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/26/19. (DJS) (Entered: 02/26/2019)
2019-02-27		Set/Reset Deadlines: Joint Status Report due by 3/12/2019. (tb) (Entered: 02/27/2019)
2019-03-12	11	Joint STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 03/12/2019)
2019-03-14		MINUTE ORDER LIFTING STAY: Effective 1/25/19. The parties shall file another joint status report by April 26, 2019. The report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/14/19. (DJS) (Entered: 03/14/2019)
2019-04-26	12	Joint STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Cirino, Paul) (Entered: 04/26/2019)
2019-05-07		MINUTE ORDER: Having considered the parties' joint status report 12 , it is hereby ordered that the parties shall submit another joint report by May 17, 2019, and every 60 days thereafter. To the extent the joint report contains a proposed production schedule or briefing schedule, the report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 5/7/19. (DJS) (Entered: 05/07/2019)
2019-05-08		Set/Reset Deadlines: Joint Status Report due by 5/17/2019. (tb) (Entered: 05/08/2019)
2019-05-17	13	Joint STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 05/17/2019)
2019-06-12	14	PROPOSED BRIEFING SCHEDULE (JOINT) by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 06/12/2019)
2019-06-13		MINUTE ORDER: Having considered the parties' joints status report 14 , it is hereby ordered the parties shall adhere to the following briefing schedule: Defendant's Motion for Summary Judgment due August 12, 2019. Plaintiff's combined Cross-Motion/Opposition due September 12, 2019. Defendant's combined Opposition/Reply due October 11, 2019. Plaintiff's Reply due October 25, 2019. Signed by Judge Tanya S. Chutkan on 6/13/19. (DJS) (Entered: 06/13/2019)
2019-06-17		Set/Reset Deadlines: Cross Motion due by 9/12/2019. Response to Cross Motion due by 10/11/2019. Reply to Cross Motion due by 10/25/2019. Summary Judgment motion due by 8/12/2019. Response to Motion for Summary Judgment due by 9/12/2019. Reply to Motion for Summary Judgment due by 10/11/2019. (tb) (Entered: 06/17/2019)
2019-07-31	15	NOTICE of Appearance by Randolph T. Chen on behalf of DISTRICT OF COLUMBIA (Chen, Randolph) (Entered: 07/31/2019)
2019-08-12	16	MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Declaration of Toni Fuentes (and Exhibits 1-7), # 3 Statement of Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 08/12/2019)
2019-09-09	17	ERRATA by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT 16 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Cirino, Paul) (Entered: 09/09/2019)
2019-09-11	18	NOTICE of Appearance by Alacoque Hinga Nevitt on behalf of DISTRICT OF COLUMBIA (Nevitt, Alacoque) (Entered: 09/11/2019)
2019-09-12	19	Cross MOTION for Summary Judgment by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Nevitt, Alacoque) (Entered: 09/12/2019)
2019-09-12	20	RESPONSE re 16 MOTION for Summary Judgment filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Nevitt, Alacoque) (Entered: 09/12/2019)
2019-10-11	21	Memorandum in opposition to re 19 Cross MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Response to Plaintiff's Statement of Additional Undisputed Material Facts)(Cirino, Paul) (Entered: 10/11/2019)
2019-10-11	22	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Response to Plaintiff's Statement of Additional Undisputed Material Facts)(Cirino, Paul) (Entered: 10/11/2019)
2019-10-25	23	REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment filed by DISTRICT OF COLUMBIA. (Nevitt, Alacoque) (Entered: 10/25/2019)
2020-05-18	24	MEMORANDUM AND OPINION regarding 16 Defendant's Motion for Summary Judgment and 19 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 5/18/2020. (lcsd) (Entered: 05/18/2020)
2020-05-18	25	ORDER granting 16 Defendant's Motion for Summary Judgment and denying 19 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 5/18/2020. (lcsd) (Entered: 05/18/2020)
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