Case Detail

FOIA Project Annotation: A federal court in Maryland has ruled that U.S. Citizenship and Immigration Services properly withheld records under Exemption 5 (privileges) and Exemption 7(E) (investigative methods or techniques) in response to a FOIA request for the Catholic Legal Immigration Network for records concerning agency policies and guidance on Special Immigrant Juvenile Status. The Network argued that talking points about the program were not protected by the deliberative process privilege. The court disagreed, noting that "documents created in anticipation of press inquiries may be withheld under the deliberative process privilege so long as" they were drafted before the communications occurred and reflected drafters' opinions and analysis. The court observed that "the documents contain the nonfinal recommendations of junior staff to senior management about how policy decisions should be communicated to the public." The court also approved the agency's Exemption 7(E) claims, noting that "because release of the document would disclose how the Agency considers fraud indicators, creating a risk of circumvention of the law, the Court finds that the document was properly withheld under Exemption 7(E)."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2019-05-22	1	COMPLAINT For Declaratory and Injunctive Relief against U.S. Citizenship and Immigration Services ( Filing fee $ 400 receipt number 0416-8026375.), filed by Catholic Legal Immigration Network, Inc.. (Attachments: # 1 Exhibit A to Complaint, # 2 Civil Cover Sheet, # 3 Summons to Attorney General, # 4 Summons to ICE, # 5 Summons to MD US Attorney)(Magid, Creighton) (Entered: 05/22/2019)
2019-05-22	2	Local Rule 103.3 Disclosure Statement by Catholic Legal Immigration Network, Inc. (Magid, Creighton) (Entered: 05/22/2019)
2019-05-23	3	Summons Issued 60 days as to United States Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(jf3s, Deputy Clerk) (Entered: 05/23/2019)
2019-05-23	4	NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Gina L. Simms. Catholic Legal Immigration Network, Inc. or counsel for Catholic Legal Immigration Network, Inc. are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded here . Pursuant to Standing Order 2018-04, which can be downloaded here , counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here . To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge . To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge . Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 6/6/2019. (jf3s, Deputy Clerk) (Entered: 05/23/2019)
2019-05-23	5	Case Management Order. Signed by Magistrate Judge Gina L Simms on 5/23/2019. (jf3s, Deputy Clerk) (Entered: 05/23/2019)
2019-05-29	6	(FILED IN ERROR) AFFIDAVIT of Service for Complaint and initial pleadings, court orders and consent notice served on U.S. Attorney General on 5/24/2019, filed by Catholic Legal Immigration Network, Inc..(Magid, Creighton) Modified on 5/31/2019 (jf3s, Deputy Clerk). (Entered: 05/29/2019)
2019-05-29	7	SUMMONS Returned Executed William Barr, Attorney General served on 5/24/2019, answer due 7/23/2019.(jf3s, Deputy Clerk) (Entered: 05/31/2019)
2019-06-03	8	SUMMONS Returned Executed by Catholic Legal Immigration Network, Inc.. (Magid, Creighton) (Entered: 06/03/2019)
2019-06-06		Case Reassigned to Judge Theodore D. Chuang. Magistrate Judge Gina L Simms no longer assigned to the case. (kns, Deputy Clerk) (Entered: 06/06/2019)
2019-06-07	10	MOTION to Appear Pro Hac Vice for Michelle S. Grant (Filing fee $100, receipt number 0416-8060266.) by Catholic Legal Immigration Network, Inc.(Magid, Creighton) (Entered: 06/07/2019)
2019-06-07	11	SUMMONS Returned Executed by Catholic Legal Immigration Network, Inc.. United States Citizenship and Immigration Services served on 5/31/2019, answer due 7/23/2019.(Magid, Creighton) (Entered: 06/07/2019)
2019-06-11	12	PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice on behalf of Michelle S Grant. Attorney Michelle S Grant will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 6/11/2019. (srd, Deputy Clerk) (Entered: 06/11/2019)
2019-06-23	13	Consent MOTION for Extension of Time to File Answer by United States Citizenship and Immigration Services(Lazerow, Alan) (Entered: 06/23/2019)
2019-06-24	14	PAPERLESS ORDER granting 13 Motion for Extension of Time to Answer. United States Citizenship and Immigration Services answer due 7/24/2019. Signed by Judge Theodore D. Chuang on 6/24/2019. (mbcs, Chambers) (Entered: 06/24/2019)
2019-07-23	15	Second MOTION for Extension of Time to File Answer by United States Citizenship and Immigration Services(Lazerow, Alan) (Entered: 07/23/2019)
2019-07-25	16	PAPERLESS ORDER granting 15 Motion for Extension of Time to Answer. United States Citizenship and Immigration Services answer due 8/7/2019. Signed by Judge Theodore D. Chuang on 7/25/2019. (mbcs, Chambers) (Entered: 07/25/2019)
2019-08-07	17	Third MOTION for Extension of Time to File Response/Reply by United States Citizenship and Immigration Services.(Lazerow, Alan) (Entered: 08/07/2019)
2019-08-08	18	PAPERLESS ORDER granting 17 Motion for Extension of Time to File Response/Reply. Defendant's Answer is due August 12, 2019. Signed by Judge Theodore D. Chuang on 8/8/2019. (mbcs, Chambers) (Entered: 08/08/2019)
2019-08-12	19	Consent MOTION to Establish Re-Processing and Summary Judgment Briefing Schedule by United States Citizenship and Immigration Services(Lazerow, Alan) (Entered: 08/12/2019)
2019-08-13	20	CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 8/13/2019. (jf3s, Deputy Clerk) (Entered: 08/13/2019)
2019-08-15	21	ORDER Denying Without Prejudice 19 Consent Motion Establish Re-Processing and Summary Judgment Briefing Schedule; USCIS shall answer Complaint by August 20, 2019; USCIS may re-file the Consent Motion, without first seeking a pre-motion conference with the Court per the Case Management Order, after answering the Complaint. Signed by Judge Theodore D. Chuang on 8/15/2019. (heps, Deputy Clerk) (Entered: 08/15/2019)
2019-08-16	22	ANSWER to 1 Complaint, by United States Citizenship and Immigration Services.(Lazerow, Alan) (Entered: 08/16/2019)
2019-08-20	23	Consent MOTION to Establish Re-Processing and Summary Judgment Briefing Schedule (Renewed Motion) by United States Citizenship and Immigration Services(Lazerow, Alan) (Entered: 08/20/2019)
2019-09-04	24	SCHEDULING ORDER: Status Report due by 1/13/2020. Signed by Judge Theodore D. Chuang on 8/29/2019. (jf3s, Deputy Clerk) (Entered: 09/04/2019)
2019-09-04	25	PAPERLESS NOTICE. A RULE 16 CONFERENCE is scheduled for September 11, 2019 at 11:30 a.m. To join the call at the scheduled time: (1) Dial 1-888-557-8511. (2) Enter access code 3008173, followed by the # key. You will then be placed on hold until Chambers dials into the call, at which point you will be prompted to enter a security code. (3) When prompted, enter security code 09111130 followed by the # key. The call will be recorded, so please do not use speakerphones as they compromise sound quality. Also, we ask that parties not remain on the conference line after the Judge has left the call, to ensure that the line is free for other calls that may be on the Judge's calendar. The parties are reminded that they should be prepared to address whether they consent to have all further proceedings before a Magistrate Judge and whether they wish to participate in a mediation session with a Magistrate Judge, whether before, during, or after discovery. Parties are expected to consult with their clients and confer with each other on these issues in advance of the Rule 16 Case Management Conference and, if possible, present joint views to the Court. (nrs, Chambers) (Entered: 09/04/2019)
2019-09-04	26	PAPERLESS ORDER granting 23 Consent Motion to Establish Re-Processing and Summary Judgment Briefing Schedule. Any Motions for Summary Judgment, Briefs in Support, and the Record shall meet the requirements of the Case Management Order 20 . Defendant's Motion for Summary Judgment is due October 23, 2019. Plaintiff's Opposition to Defendant's Motion for Summary Judgment is due November 22, 2019. Defendant's Reply to the Plaintiff's Opposition is due December 13, 2019. Signed by Judge Theodore D. Chuang on 9/4/19. (nrs, Chambers) (Entered: 09/04/2019)
2019-09-11	27	Case Management Conference held on 9/11/2019 before Judge Theodore D. Chuang.(FTR-2B.) (ss5s, Deputy Clerk) (Entered: 09/11/2019)
2019-09-12	28	ORDER that, by September 25,2019, the parties shall file a Joint Status Report advising the Court whether they consent to have this case transferred to a United States Magistrate Judge for all further proceedings. Signed by Judge Theodore D. Chuang on 9/12/2019. (heps, Deputy Clerk) (Entered: 09/12/2019)
2019-09-16	29	Consent to Magistrate Judge (Lazerow, Alan) (Entered: 09/16/2019)
2019-09-19	30	ORDER REFERRING CASE to Magistrate Judge Timothy J. Sullivan for all Proceedings. Signed by Judge Theodore D. Chuang on 9/19/2019. (cags, Deputy Clerk) (Entered: 09/19/2019)
2019-09-19	31	ORDER Directing Parties to Submit Magistrate Judge Consent Form(s) re 30 Order Referring Case to Magistrate Judge. Signed by Judge Theodore D. Chuang on 9/19/2019. (cags, Deputy Clerk) (Entered: 09/19/2019)
2019-09-24	32	(FILED IN ERROR) Consent/Decline to Proceed Before a US Magistrate Judge. Modified on 9/25/2019 (jf3s, Deputy Clerk). (Entered: 09/24/2019)
2019-09-25	33	QC NOTICE: 32 25 Pct Mag - Consent to Proceed Before a US Magistrate Judge filed by Catholic Legal Immigration Network, Inc. was filed incorrectly. **Please re-file documents by selecting Magistrate Judge - Consent to, located in Other Filings - Correspondence. It has been noted as FILED IN ERROR, and the document link has been disabled. (jf3s, Deputy Clerk) (Entered: 09/25/2019)
2019-09-25	34	Consent to Magistrate Judge (Magid, Creighton) (Entered: 09/25/2019)
2019-09-25	35	LETTER ORDER regarding referral for all proceedings. Signed by Magistrate Judge Timothy J. Sullivan on 9/25/2019. (jmm, Chambers) (Entered: 09/25/2019)
2019-10-23	36	Consent MOTION for Extension of Time (Consent Motion to Extend Briefing Schedule) by United States Citizenship and Immigration Services(Lazerow, Alan) (Entered: 10/23/2019)
2019-10-24	37	PAPERLESS ORDER granting 36 Motion for Extension of Time. The deadline for Defendant's motion for summary judgment is extended to 11/20/2019. Signed by Magistrate Judge Timothy J. Sullivan on 10/24/2019. (bc, Chambers) (Entered: 10/24/2019)
2019-11-20	38	MOTION for Extension of Time (Motion to Extend Briefing Schedule Further) by United States Citizenship and Immigration Services(Lazerow, Alan) (Entered: 11/20/2019)
2019-11-26	39	PAPERLESS ORDER granting 38 Motion for Extension of Time. Signed by Magistrate Judge Timothy J. Sullivan on 11/26/2019. (bc, Chambers) (Entered: 11/26/2019)
2020-01-06	40	Consent MOTION for Extension of Time (Second Consent Motion to Extend Briefing Schedule Further) by United States Citizenship and Immigration Services(Lazerow, Alan) (Entered: 01/06/2020)
2020-01-06	41	PAPERLESS ORDER granting 40 Second Consent Motion to Extend Briefing Schedule. Signed by Magistrate Judge Timothy J. Sullivan on 1/6/2020. (bc, Chambers) (Entered: 01/06/2020)
2020-01-27	42	MOTION for Summary Judgment by United States Citizenship and Immigration Services (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Eggleston Declaration)(Lazerow, Alan) (Entered: 01/27/2020)
2020-02-17	43	RESPONSE in Opposition re 42 MOTION for Summary Judgment filed by Catholic Legal Immigration Network, Inc..(Grant, Michelle) (Entered: 02/17/2020)
2020-03-02	44	REPLY to Response to Motion re 42 MOTION for Summary Judgment filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lazerow, Alan) (Entered: 03/02/2020)
2020-09-25	45	MEMORANDUM OPINION. Signed by Magistrate Judge Timothy J. Sullivan on 9/25/2020. (heps, Deputy Clerk) (Entered: 09/25/2020)
2020-09-25	46	ORDER Granting in part and denying in part 42 Motion for Summary Judgment. Signed by Magistrate Judge Timothy J. Sullivan on 9/25/2020. (heps, Deputy Clerk) (Entered: 09/25/2020)
2020-10-08	47	Substantive legal issues - addressing (Attachments: # 1 Exhibit A - Eggleston Declaration)(Lazerow, Alan) (Entered: 10/08/2020)
2021-01-13	48	MEMORANDUM OPINION. Signed by Magistrate Judge Timothy J. Sullivan on 1/13/2021. (jf3s, Deputy Clerk) (Entered: 01/13/2021)
2021-01-13	49	ORDER granting 42 Motion for Summary Judgment; directing the Clerk to close this case. Signed by Magistrate Judge Timothy J. Sullivan on 1/13/2021. (jf3s, Deputy Clerk) (Entered: 01/13/2021)
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