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Case TitleGarcia Gonzalez v. US Citizenship & Immigration Services et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv02911
Date Filed2019-04-02
Date Closed2020-07-30
JudgeJudge John G. Koeltl
PlaintiffDelfino Garcia Gonzalez
Case DescriptionDelfino Garcia Gonzalez, who had been detained by U.S. Immigration and Customs Enforcement, submitted FOIA requests to ICE and U.S. Citizenship and Immigration Services for records concerning his immigration status. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Gonzalez filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Citizenship & Immigration Services
TERMINATED: 09/26/2019
DefendantUS Citizenship & Immigration Services
DefendantUS Department of Homeland Security
DefendantImmigration and Customs Enforcement
DefendantU.S. Immigration & Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [59]
Opinion/Order [61]
FOIA Project Annotation: A federal court in New York has ruled that the Department of Homeland Security properly withheld records requested by Delfino Garcia Gonzalez concerning his interactions with Homeland Security Investigations, a component of U.S. Immigration and Customs Enforcement, under Exemption 7(E) (investigative methods and techniques) and Exemption 7(F) (harm to individual), even though Judge John Koelti's description of the withheld information as personally identifying data sounded much more like the protections typically afforded by Exemption 7(C) (invasion of privacy concerning law enforcement records). An immigration judge in New York City granted Garcia Gonzalez's application for asylum. However, DHS appealed the decision to the Board of Immigration Appeals. Garcia Gonzalez made a FOIA request for his alien file. U.S. Citizenship and Immigration Services provided hundreds of pages in response to that request. Garcia Gonzalez made a separate request to ICE, which referred it to various components, including HSI. HSI initially located 10 responsive pages. A total of 81 pages responsive to Garcia Gonzalez's request were if disclosed, all of which were redacted in full. After Garcia Gonzalez indicated that dates in the redacted pages would help him in his immigration case, ICE re-reviewed the 81 pages and agreed to disclose those dates, withholding everything else. Garcia Gonzalez challenged the use of an in camera ex parte affidavit. Koetli, however, pointed out that "the subject matter of the plaintiff's FOIA requests concerns highly sensitive information collected for law enforcement purposes, and the use of in camera and ex parte affidavits is appropriate in order to avoid 'revealing precisely the information that the agency seeks to withhold.'" Garcia Gonzalez also faulted the adequacy of the agency's search, arguing that the agency failed to search all potentially responsive databases. Koetli disagreed, noting that "based on the Government's affirmation that the [FOIA staff] at HSI searched the databases and platforms that they believed, based on their subject matter expertise and the plaintiff's request, would most likely yield request documents, the Government has carried its burden of establishing that its search was adequate based on the databases and platforms it chose to use." Koetli agreed with the agency that it had shown the records Garcia Gonzalez requested were compiled for law enforcement purposes. He noted that "the plaintiff's own requests make clear that he, in order to establish his claim for asylum in removal proceedings, seeks documents and information concerning the plaintiff's interactions with ICE and HSI. Plainly, any documents responsive to that request would concern the law enforcement activities of ICE. . .and HSI." DHS told Koetli that redactions made under Exemption 7(E) "consist of law enforcement sensitive information and PII of ICE employees and other third parties." Koetli indicated that "the redacted portions of the handbook reveal law enforcement sensitive techniques, procedures, and guidelines that are not well known. Disclosure of this information could reasonably be expected to jeopardize ongoing ICE investigations and operations and assist those seeking to violate or circumvent the law." On Exemption 7(F), Koetli pointed out that "this exemption is appropriate in this case where disclosure of identifying information would put the life and physical safety of law enforcement agents and other third parties in danger."
Issues: Exemption 7 - Law enforcement records, Exemption 7(E) - Investigative methods or techniques, Exemption 7(F) - Harm to safety of any person
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-021COMPLAINT against US Citizenship & Immigration Services, US Department of Homeland Security. (Filing Fee $ 400.00, Receipt Number ANYSDC-16606892)Document filed by DELFINO GARCIA GONZALEZ. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - FOIA Receipt Confirmation)(Levine, Zoe) (Entered: 04/02/2019)
2019-04-022CIVIL COVER SHEET filed. (Levine, Zoe) (Entered: 04/02/2019)
2019-04-03***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Zoe Pokempner Levine. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Orange;. (jgo) (Entered: 04/03/2019)
2019-04-03***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zoe Pokempner Levine. The party information for the following party/parties has been modified: Delfino Garcia Gonzalez. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) (Entered: 04/03/2019)
2019-04-03CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (jgo) (Entered: 04/03/2019)
2019-04-03Magistrate Judge Debra C. Freeman 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: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 04/03/2019)
2019-04-03Case Designated ECF. (jgo) (Entered: 04/03/2019)
2019-05-033NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of US Citizenship & Immigration Services, US Department of Homeland Security. (Kahane, Joshua) (Entered: 05/03/2019)
2019-05-034LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Joshua Kahane dated 5/3/19. Document filed by US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 05/03/2019)
2019-05-075ORDER granting 4 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 5/6/2019) (ks) (Entered: 05/07/2019)
2019-05-15Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 7/8/2019 at 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 05/15/2019)
2019-05-246ANSWER to 1 Complaint,. Document filed by US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 05/24/2019)
2019-06-147FIRST AMENDED COMPLAINT amending 1 Complaint, against US Citizenship & Immigration Services, US Department of Homeland Security, Immigration and Customs Enforcement.Document filed by Delfino Garcia Gonzalez. Related document: 1 Complaint. (Attachments: # 1 Supplement Certification of Consent, # 2 Exhibit A - USCIS FOIA request, # 3 Exhibit B - USCIS confirmation letter, # 4 Exhibit C - USCIS FOIA response letter, # 5 Exhibit D - ICE FOIA request, # 6 Exhibit E - ICE FOIA response letter, # 7 Exhibit F - ICE FOIA appeal acknowledgment letter, # 8 Exhibit G - ICE FOIA appeal supplemental email, # 9 Exhibit H - ICE FOIA appeal response letter, # 10 Exhibit I - email communications between counsel and ICE)(Levine, Zoe) (Entered: 06/14/2019)
2019-06-18***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zoe Pokempner Levine. The party information for the following party/parties has been modified: U.S. Immigration & Customs Enforcement. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) (Entered: 06/18/2019)
2019-06-208FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint, 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) Modified on 6/21/2019 (dnh). (Entered: 06/20/2019)
2019-06-209FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration & Customs Enforcement, re: 1 Complaint, 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) Modified on 6/21/2019 (dnh). (Entered: 06/20/2019)
2019-06-2010FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship & Immigration Services, re: 1 Complaint, 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) Modified on 6/21/2019 (dnh). (Entered: 06/20/2019)
2019-06-2011FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States, re: 1 Complaint, 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) Modified on 6/21/2019 (dnh). (Entered: 06/20/2019)
2019-06-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Zoe Pokempner Levine to RE-FILE Document No. 9 Request for Issuance of Summons, 8 Request for Issuance of Summons, 10 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons may only be linked to one pleading. 11 Request for Issuance of Summons. 'As to' Error; summons may only be issued to parties of record, United States is not a party to the case. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) Modified on 6/21/2019 (dnh). (Entered: 06/21/2019)
2019-06-2312REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 06/23/2019)
2019-06-2313REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration & Customs Enforcement, re: 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 06/23/2019)
2019-06-2314REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship & Immigration Services, re: 7 Amended Complaint,,,. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 06/23/2019)
2019-06-2415ELECTRONIC SUMMONS ISSUED as to US Citizenship & Immigration Services. (sj) (Entered: 06/24/2019)
2019-06-2416ELECTRONIC SUMMONS ISSUED as to U.S. Immigration & Customs Enforcement. (sj) (Entered: 06/24/2019)
2019-06-2417ELECTRONIC SUMMONS ISSUED as to US Department of Homeland Security. (sj) (Entered: 06/24/2019)
2019-06-2818ANSWER to 7 Amended Complaint,,,. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security. (Attachments: # 1 Exhibit 1)(Kahane, Joshua) (Entered: 06/28/2019)
2019-07-0219AFFIDAVIT OF SERVICE. US Department of Homeland Security served on 6/25/2019, answer due 7/16/2019. Service was accepted by Felippe Moncarz. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 07/02/2019)
2019-07-0220AFFIDAVIT OF SERVICE. US Citizenship & Immigration Services served on 6/25/2019, answer due 7/16/2019. Service was accepted by Felippe Moncarz. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 07/02/2019)
2019-07-0221AFFIDAVIT OF SERVICE. U.S. Immigration & Customs Enforcement served on 6/26/2019, answer due 7/17/2019. Service was accepted by Bryan Hudson. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 07/02/2019)
2019-07-0222AFFIDAVIT OF SERVICE (FOIA CASE). Service was accepted by C Gordon. Document filed by Delfino Garcia Gonzalez. (Levine, Zoe) (Entered: 07/02/2019)
2019-07-0323JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Joshua Kahane dated 7/3/19. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 07/03/2019)
2019-07-0324STATUS REPORT. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 07/03/2019)
2019-07-0825ORDER granting 23 JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Joshua Kahane dated 7/3/19. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security. Adjourned to Monday, July 22, 2019, at 4:30pm. So ordered. (Initial Conference set for 7/22/2019 at 04:30 PM before Judge John G. Koeltl). (Signed by Judge John G. Koeltl on 7/3/2019) (rjm) (Entered: 07/08/2019)
2019-07-1926STATUS REPORT. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 07/19/2019)
2019-07-22Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 7/22/2019. (Fletcher, Donnie) (Entered: 07/30/2019)
2019-07-2327ORDER: As explained at the hearing today, the plaintiff shall file a second amended complaint by August 1, 2019. The defendant should respond to the second amended complaint by answer or motion within ten days after the plaintiff files the second amended complaint. The parties are directed to update the Court on the status of the case by August 12, 2019. SO ORDERED. (Signed by Judge John G. Koeltl on 7/22/2019) ( Amended Pleadings due by 8/1/2019.) (ks) (Entered: 07/23/2019)
2019-07-3128FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SECOND AMENDED COMPLAINT amending 7 Amended Complaint,,, against U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.Document filed by Delfino Garcia Gonzalez. Related document: 7 Amended Complaint,,,. (Attachments: # 1 Exhibit A - USCIS FOIA Request, # 2 Exhibit B - USCOS FOIA Receipt Confirmation, # 3 Exhibit C - USCIS FOIA Response Letter, # 4 Exhibit D - USCIS FOIA Request, # 5 Exhibit E - ICE FOIA Response Letter, # 6 Exhibit F - ICE FOIA Appeal Acknowledgment Letter, # 7 Exhibit G - ICE FOIA Appeal Supplement Email, # 8 Exhibit H - ICE FOIA Appeal Response Letter, # 9 Exhibit I - Email Communications with ICE, # 10 Exhibit J - ICE First Interim Response Letter, # 11 Exhibit K - ICE Final Response Letter)(Levine, Zoe) Modified on 8/1/2019 (pc). (Entered: 07/31/2019)
2019-08-01***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Zoe Pokempner Levine to RE-FILE Document No. 28 Amended Complaint,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title reads "First Amended Complaint". Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) (Entered: 08/01/2019)
2019-08-0129LETTER MOTION for Conference re: 27 Order,, Set Deadlines, 28 Amended Complaint,,, re: partial motion to dismiss USCIS addressed to Judge John G. Koeltl from Joshua Kahane dated 8/1/19. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 08/01/2019)
2019-08-0130SECOND AMENDED COMPLAINT amending 7 Amended Complaint,,, against U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.Document filed by Delfino Garcia Gonzalez. Related document: 7 Amended Complaint,,,. (Attachments: # 1 Exhibit A - USCIS FOIA Request, # 2 Exhibit B - USCIS Receipt Confirmation, # 3 Exhibit C - USCIS Response Letter, # 4 Exhibit D- ICE FOIA Request, # 5 Exhibit E - ICE FOIA Response Letter, # 6 Exhibit F - ICE FOIA Appeal Acknowledgment Letter, # 7 Exhibit G - ICE FOIA Appeal Supplemental Letter, # 8 Exhibit H - ICE FOIA Appeal Response Letter, # 9 Exhibit I - Email Communications with ICE, # 10 Exhibit J - ICE First Interim Response Letter, # 11 Exhibit K - ICE Final Response Letter)(Levine, Zoe) (Entered: 08/01/2019)
2019-08-0531ORDER granting 29 Letter Motion for Conference. 1. Pre-Motion conference scheduled for 9/19/19 at 4:30 P.M. 2. Deadline stayed pending rescheduling at the conference. SO ORDERED. (Signed by Judge John G. Koeltl on 8/5/2019) Pre-Motion Conference set for 9/19/2019 at 04:30 PM before Judge John G. Koeltl. (ks) (Entered: 08/05/2019)
2019-09-1732JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Joshua Kahane dated 9/17/19. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 09/17/2019)
2019-09-1833ORDER granting in part and denying in part 32 Letter Motion to Adjourn Conference. Conference adjourned to Wednesday, October 2, 2019, at 4:30 PM. SO ORDERED. (Signed by Judge John G. Koeltl on 9/17/2019) Pre-Motion Conference set for 10/2/2019 at 04:30 PM before Judge John G. Koeltl. (ks) (Entered: 09/18/2019)
2019-09-2634PROPOSED STIPULATION AND ORDER. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security. (Kahane, Joshua) (Entered: 09/26/2019)
2019-09-2635JOINT LETTER addressed to Judge John G. Koeltl from Joshua Kahane dated 9/26/19 re: proposed briefing schedule. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security.(Kahane, Joshua) (Entered: 09/26/2019)
2019-09-2636MEMO ENDORSEMENT: on re: 35 Letter filed by US Citizenship & Immigration Services, U.S. Immigration & Customs Enforcement, US Department of Homeland Security. ENDORSEMENT: Application Granted. SO ORDERED., U.S. Immigration & Customs Enforcement answer due 10/4/2019; US Citizenship & Immigration Services answer due 10/4/2019; US Department of Homeland Security answer due 10/4/2019.( Cross Motions due by 1/3/2020., Motions due by 11/26/2019., Responses due by 1/24/2020, Replies due by 2/14/2020.) (Signed by Judge John G. Koeltl on 9/26/2019) (ama) (Entered: 09/26/2019)
2019-09-2637STIPULATION AND ORDER OF PARTIAL VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that USCIS is voluntarily dismissed as a defendant in this action, with prejudice, with the parties to bear theirown costs and fees. SO ORDERED., US Citizenship & Immigration Services terminated. (Signed by Judge John G. Koeltl on 9/26/2019) (ama) (Entered: 09/26/2019)
2019-10-0238ORDER: The Court, having approved the motion scheduled by memo endorsement of September 26, 2019, cancels the conference scheduled for Wednesday, October 2, 2019. SO ORDERED. (Signed by Judge John G. Koeltl on 10/1/2019) (ks) (Entered: 10/02/2019)
2019-10-0439ANSWER to 30 Amended Complaint,,,. Document filed by U.S. Immigration & Customs Enforcement, US Citizenship & Immigration Services, US Department of Homeland Security. (Attachments: # 1 Exhibit 1)(Kahane, Joshua) (Entered: 10/04/2019)
2019-11-2640MOTION for Summary Judgment . Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. Responses due by 1/3/2020(Kahane, Joshua) (Entered: 11/26/2019)
2019-11-2641MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment . . Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 11/26/2019)
2019-11-2642DECLARATION of Toni Fuentes in Support re: 40 MOTION for Summary Judgment .. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Kahane, Joshua) (Entered: 11/26/2019)
2019-11-2643NOTICE of Filing Ex Parte, In Camera Declaration re: 40 MOTION for Summary Judgment .. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 11/26/2019)
2020-01-0344MOTION for Summary Judgment . Document filed by Delfino Garcia Gonzalez.(Levine, Zoe) (Entered: 01/03/2020)
2020-01-0345MOTION to Unseal Document or Strike . Document filed by Delfino Garcia Gonzalez.(Levine, Zoe) (Entered: 01/03/2020)
2020-01-0346MEMORANDUM OF LAW in Support re: 45 MOTION to Unseal Document or Strike ., 44 MOTION for Summary Judgment . . Document filed by Delfino Garcia Gonzalez. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit A-6, # 7 Exhibit A-7, # 8 Exhibit A-8, # 9 Exhibit A-9, # 10 Exhibit A-10, # 11 Exhibit A-11, # 12 Exhibit A-12, # 13 Exhibit A-12 cont'd)(Levine, Zoe) (Entered: 01/03/2020)
2020-01-1347LETTER addressed to Judge John G. Koeltl from Joshua Kahane dated 1/13/20 re: word limit enlargement. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security.(Kahane, Joshua) (Entered: 01/13/2020)
2020-01-1448MEMO ENDORSEMENT on re: 47 Letter filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. ENDORSEMENT: Application granted, although the Court strongly questions the need for the extension. So Ordered. (Signed by Judge John G. Koeltl on 1/13/2020) (ks) (Entered: 01/14/2020)
2020-01-2449REPLY MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Plaintiff's Motion to Strike or Order Partial Disclosure of Defendants' Ex Parte, In Camera Filing . Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 01/24/2020)
2020-01-2450DECLARATION of Toni Fuentes (Supplemental) in Support re: 40 MOTION for Summary Judgment .. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 01/24/2020)
2020-01-2451NOTICE of Filing additional Ex Parte, In Camera Declaration re: 40 MOTION for Summary Judgment ., 49 Reply Memorandum of Law in Support of Motion,. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Kahane, Joshua) (Entered: 01/24/2020)
2020-02-1452REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Unseal Document or Strike ., 44 MOTION for Summary Judgment . . Document filed by Delfino Garcia Gonzalez..(Levine, Zoe) (Entered: 02/14/2020)
2020-06-1753LETTER MOTION to Continue Oral Argument addressed to Judge John G. Koeltl from Plaintiff Delfino Garcia Gonzalez dated June 17, 2020. Document filed by Delfino Garcia Gonzalez..(Levine, Zoe) (Entered: 06/17/2020)
2020-06-25Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 6/25/2020 re: 40 MOTION for Summary Judgment. Filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. (Fletcher, Donnie) (Entered: 07/08/2020)
2020-07-0154JOINT LETTER addressed to Judge John G. Koeltl from Joshua Kahane dated 7/1/20 re: update following oral argument. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security..(Kahane, Joshua) (Entered: 07/01/2020)
2020-07-0155MEMO ENDORSEMENT on re: 54 Letter filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/1/2020) (ks) (Entered: 07/01/2020)
2020-07-1056STATUS REPORT. Document filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security..(Kahane, Joshua) (Entered: 07/10/2020)
2020-07-1057MEMO ENDORSEMENT: on re: 56 Status Report filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/10/2020) (ama) (Entered: 07/10/2020)
2020-07-2258LETTER addressed to Judge John G. Koeltl from The Parties Jointly dated July 22, 2020 re: Status Update. Document filed by Delfino Garcia Gonzalez..(Levine, Zoe) (Entered: 07/22/2020)
2020-07-2959OPINION AND ORDER re: 45 MOTION to Unseal Document or Strike . filed by Delfino Garcia Gonzalez, 44 MOTION for Summary Judgment . filed by Delfino Garcia Gonzalez, 40 MOTION for Summary Judgment . filed by U.S. Immigration & Customs Enforcement, US Department of Homeland Security, 53 LETTER MOTION to Continue Oral Argument addressed to Judge John G. Koeltl from Plaintiff Delfino Garcia Gonzalez dated June 17, 2020. filed by Delfino Garcia Gonzalez. The Court has considered all the arguments of the parties in this opinion and in the companion opinion issued ex parte and filed under seal. To the extent not specifically discussed, the arguments are either moot or without merit. The plaintiff's motion for summary judgment and to strike the in camera and ex parte submissions in this case are denied. The Government's motion for summary judgment is granted. The Clerk is directed to enter judgment for the Government dismissing the complaint and against the plaintiff. The Clerk is also directed to close all pending motions and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 7/29/2020) (ks) Transmission to Orders and Judgments Clerk for processing. (Entered: 07/29/2020)
2020-07-2960***SELECTED PARTIES*** MEMORANDUM AND OPINION. The Clerk is directed to file this Memorandum Opinion and Order under seal. Only the Government is entitled to have access to this Memorandum Opinion and Order. (Signed by Judge John G. Koeltl on 7/29/2020) (ks) (Entered: 07/29/2020)
2020-07-3061CLERK'S JUDGMENT re: 59 Memorandum & Opinion. in favor of U.S. Immigration & Customs Enforcement, US Department of Homeland Security against Delfino Garcia Gonzalez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 29, 2020, The Court has considered all the arguments of the parties in this opinion and in the companion opinion issued ex parte and filed under seal; To the extent not specifically discussed, the arguments are either moot or without merit; The plaintiff's motion for summary judgment and to strike the in camera and ex parte submissions in this case are denied. The Government's motion for summary judgment is granted; Judgment is entered for the Government and against the plaintiff; the complaint is dismissed, and this case is closed. (Signed by Clerk of Court Ruby Krajick on 07/30/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) (Entered: 07/30/2020)
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