Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that various components of the Department of Homeland Security failed to conduct an adequate search for records responsive to requests from the American Immigration Council and the Tahirih Justice Center concerning a program that used Customs and Border Protection agents to conduct credible fear interviews, which is part of the asylum-seeking process. Contreras found that CBP's search was inadequate, that its Exemption 5 (privileges) claims had not yet been justified and that its Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) were inappropriate. Beginning in the spring of 2019, DHS began a pilot program in which CBP agents received training to conduct, and subsequently did conduct, credible fear interviews, which are normally conducted by U.S. Citizenship and Immigration Services officers. According to some evidence produced by the preliminary injunction against allowing DHS to continue to use CBP officers to conduct credible fear interviews because it was likely to violate the Immigration and Nationality Act. The American Immigration Council and the Tahirih Center submitted three FOIA requests to CBP, focusing on seven categories of records. The agency conducted searches and located responsive records, some of which were produced in full, some which were produced with redactions, and some of which were withheld in full. However, CBP only searched for records in categories 1 and 5. The agency argued that its involvement in the program was limited to providing personnel. When Contreras ruled on the case, the only issues remaining were (1) the adequacy of CBP's search, (2) DHS's deliberative process privilege withholding of four records, (3) USCIS's deliberative process privilege withholdings of six records, and (4) USCIS's withholding of the names of CBP officers in an email. Contreras first found that CBP's search was inadequate. He noted that "defendants have not 'demonstrated beyond material doubt that their search was reasonably calculated to uncover all relevant documents.' Although CBP may ultimately lack responsive documents for categories 2-4 and 6-7, Plaintiffs have raised substantial doubts about whether this is the case. This is not a case of requesting documents from an agency that is clearly unrelated to the subject matter. By providing the personnel alone, CBP played a facially nontrivial role in this program. Defendants have not provided sufficient evidence demonstrating that CBP's role was so limited such that failing to have CBP search for categories 2-4 and 6-7 could be reasonably calculated to uncover all relevant documents." He observed that "even if CBP's headquarters personnel may have limited responsive documents, CBP does not explain why the dozens of its personnel that took part in the program would not have responsive documents." Contreras also found that the agency had not provided a sufficient explanation of how it conducted the search. He indicated that "CBP's description of its search is insufficient." He pointed out that "these descriptions do not state which files were searched, state who performed the search, or describe a systematic approach. They do not even clearly state that a search occurred, merely implying as much by referencing consultations with subject matter experts, a determination that no documents were responsive to category 5, and CBP's location of one document for category 1. This is akin to stating in a conclusory fashion that the agency performed a 'systematic search for records,' which this Court has found insufficient." He noted that "plaintiff has shown that CBP's search was insufficient as a matter of law. . .CBP is ordered to conduct a search reasonably calculated to uncover all relevant documents from the expedited requests, and the parties are ordered to file a proposed schedule for further proceedings within ten days of the issuance of this opinion." Turning to the Exemption 5 withholdings, Contreras found none of them qualified at this juncture. He noted that "if Defendants continue to assert the deliberative process privilege over this document (and any others discussed herein), they must more clearly 'show (1) "what deliberative process is involved," and (2) "the role played by the documents in issue in the course of the process," and 'should also explain (3) the "nature of the decisionmaking authority vested in the officer or person issuing the disputed document" and (4) the "relative position in the agency's chain of command occupied by the document's author and recipient.'" He explained that "as part of this showing, Defendants must necessarily explain whether they assert that the document contains evidence of a deliberative process â€" for example, a policy documented therein or comments and highlighting about various statuses â€" or whether the document reflects a deliberative process â€" for example, the process of creating the document which may reveal editorial judgements. Defendants' briefing must leave the Court with a clear understanding of what deliberative process is asserted and the relationship between the document and that deliberative process." Contreras rejected the agencies foreseeable harm claim as well. He noted that "for withholdings based on the deliberative process privilege, it is not enough to explain how disclosure 'could impair internal deliberations; the agency 'must concretely explain how disclosure "would" impair such deliberations. It is insufficient to merely state that disclosure "would jeopardize the free exchange of information between senior leaders within and outside of the" agency. There must be a context-specific 'focused and concrete demonstration of why disclosure of the particular type of material at issue will, in the specific context of the agency action at issue, actually impede those same agency deliberations going forward." Contreras rejected USCIS's attempt to withhold the email addresses of CBP agents that participated in the program. He noted that "the public interest in disclosure comes from the value that the specific information released would provide in aiding the public's understanding of government operations." He added that "this is not a case of a poorly reasoned justification for disclosing officers' names. Here, the names appear to be necessary for the public to understand the government's operations."
Issues: Adequacy - Search, Litigation - Vaughn index, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2019-10-02	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6412907) filed by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Civil Cover Sheet, # 20 Summons Attorney General, # 21 Summons Civil Process Clerk, # 22 Summons CBP, # 23 Summons DHS, # 24 Summons USCIS)(Valenzuela, Claudia) (Entered: 10/02/2019)
2019-10-02	2	ENTERED IN ERROR.....MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Winger, :Firm- American Immigration Council, :Address- 1318 Beacon Street, Suite 18. Phone No. - (617) 505-5375. Filing fee $ 100, receipt number 0090-6413640. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER (Attachments: # 1 Exhibit Declaration of Emma Winger, # 2 Exhibit Proposed Order)(Winger, Emma) Modified on 10/7/2019 (zmc). (Entered: 10/02/2019)
2019-10-07		NOTICE OF CORRECTED DOCKET ENTRY: re 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Winger, :Firm- American Immigration Council, :Address- 1318 Beacon Street, Suite 18. Phone No. - (617) 505-5375. Pleading was entered in error. Attorney cannot e-file their own Pro Hac motion. Counsel was instructed to refile said pleading. (zmc) (Entered: 10/07/2019)
2019-10-07	3	ERRATA by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Valenzuela, Claudia) (Entered: 10/07/2019)
2019-10-08		Case Assigned to Judge Rudolph Contreras. (zsb) (Entered: 10/08/2019)
2019-10-08	4	SUMMONS (5) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/08/2019)
2019-10-08	5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Winger, :Firm- American Immigration Council, :Address- 1318 Beacon Street, Suite 18, Brookline, MA 02446. Phone No. - (617) 505-5375. Fee previously paid. Fee Status: No Fee Paid. by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Valenzuela, Claudia) (Entered: 10/08/2019)
2019-10-08		MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Emma Winger is admitted to represent Plaintiffs pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on October 8, 2019. (lcrc3) (Entered: 10/08/2019)
2019-10-09	6	NOTICE of Appearance by Emma Winger on behalf of AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER (Winger, Emma) (Entered: 10/09/2019)
2019-10-10	7	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Valenzuela, Claudia); Modified event and text on 10/10/2019 (ztth). (Entered: 10/10/2019)
2019-10-10	8	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests. (Valenzuela, Claudia) Modified event and text on 10/10/2019 (ztth). (Entered: 10/10/2019)
2019-10-29	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/11/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/10/2019. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Winger, Emma) (Entered: 10/29/2019)
2019-10-29	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 10/10/2019; U.S. CUSTOMS AND BORDER PROTECTION served on 10/10/2019; US CITIZENSHIP AND IMMIGRATION SERVICES served on 10/22/2019 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Winger, Emma) (Entered: 10/29/2019)
2019-10-29	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/11/2019. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Winger, Emma) (Entered: 10/29/2019)
2019-11-12	12	NOTICE of Appearance by Paul A. Mussenden on behalf of All Defendants (Mussenden, Paul) (Entered: 11/12/2019)
2019-11-12	13	ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES.(Mussenden, Paul) (Entered: 11/12/2019)
2019-11-12		MINUTE ORDER directing the parties to meet, confer, and jointly submit a proposed briefing schedule by November 26, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on November 12, 2019. (lcrc3) (Entered: 11/12/2019)
2019-11-12	14	NOTICE of Appearance by Mary Kenney on behalf of All Plaintiffs (Kenney, Mary) (Entered: 11/12/2019)
2019-11-26	15	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 11/26/2019)
2019-11-27		MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before December 26, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 11/27/2019. (lcrc2) (Entered: 11/27/2019)
2019-12-19		Set/Reset Deadlines: Status Report due by 12/26/2020 (tj) (Entered: 12/19/2019)
2019-12-23	16	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 12/23/2019)
2019-12-23		MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 7, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on December 23, 2019. (lcrc3) (Entered: 12/23/2019)
2019-12-23		Set/Reset Deadlines: Status Report due by 2/7/2020 (tj) (Entered: 12/23/2019)
2020-02-05	17	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 02/05/2020)
2020-02-05		MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 12, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on February 5, 2020. (lcrc3) (Entered: 02/05/2020)
2020-02-06		Set/Reset Deadlines: Status Report due by 3/12/2020 (tj) (Entered: 02/06/2020)
2020-03-12	18	Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Valenzuela, Claudia) (Entered: 03/12/2020)
2020-03-12		MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report updating the Court on the status of Defendants' responses to Plaintiffs' FOIA requests on or before May 11, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on March 12, 2020. (lcrc3) (Entered: 03/12/2020)
2020-03-18		Set/Reset Deadlines: Status Report due by 5/11/2020 (tj) (Entered: 03/18/2020)
2020-05-11	19	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 05/11/2020)
2020-05-11		MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 10, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 5/11/2020. (lcrc3) (Entered: 05/11/2020)
2020-05-11		Set/Reset Deadlines: Joint Status Report due by 7/10/2020. (zcal) (Entered: 05/11/2020)
2020-07-10	20	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 07/10/2020)
2020-07-10		MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before September 8, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 07/10/2020. (lcrc3) (Entered: 07/10/2020)
2020-07-10		Set/Reset Deadlines: Status Report due by 9/8/2020. (tj) (Entered: 07/10/2020)
2020-09-01	21	NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Paul A. Mussenden (Carilli, Joseph) (Entered: 09/01/2020)
2020-09-08	22	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Carilli, Joseph) (Entered: 09/08/2020)
2020-09-08		MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before November 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/08/2020. (lcrc3) (Entered: 09/08/2020)
2020-09-09		Set/Reset Deadlines: Joint Status Report due by 11/9/2020 (hs) (Entered: 09/09/2020)
2020-11-09	23	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Carilli, Joseph) (Entered: 11/09/2020)
2020-11-10		MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before December 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/10/2020. (lcrc3) (Entered: 11/10/2020)
2020-11-12		Set/Reset Deadlines: Status Report due by 12/9/2020. (tj) (Entered: 11/12/2020)
2020-12-09	24	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Carilli, Joseph) (Entered: 12/09/2020)
2020-12-11		MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall have a substantive meet and confer video conference, that includes the attorney for the Department of Homeland Security ("DHS"), the week of January 4, 2021, in an effort to exchange more information such that the parties can make informed decisions about how to narrow their disputes, thus, reducing the number of withholdings for which a Vaughn index must be prepared. It is FURTHER ORDERED that the parties, including the attorney for DHS, shall appear before the Court for a telephone conference on January 14, 2021 at 10:30 A.M. Specific call-in instructions will follow via email. SO ORDERED. Signed by Judge Rudolph Contreras on 12/11/2020. (lcrc3) (Entered: 12/11/2020)
2021-01-14		Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 1/14/2021. Parties inform the court of the status of this action. Government counsel shall file as status report by 1/15/2021 detailing information on the rolling bond issue. (Court Reporter: Lisa Bankins.) (tj) (Entered: 01/14/2021)
2021-01-15	25	STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Carilli, Joseph) (Entered: 01/15/2021)
2021-01-19		MINUTE ORDER: Upon consideration of 24 the parties' joint status report and 25 Defendants' status report, it is hereby ORDERED that the following schedule shall govern proceedings: Defendants shall file their motion for summary judgment on or before May 18, 2021; Plaintiffs shall file their cross motion for summary judgment and their response to Defendants' motion on or before June 17, 2021; Defendants shall file their reply in support of their motion and their response to Plaintiffs' cross motion on or before July 19, 2021; and Plaintiffs shall file their reply in support of their motion on or before August 9, 2021. It is FURTHER ORDERED that Defendants shall make a rolling production of a Vaughn index with productions occurring on February 28, 2021, March 28, 2021, and April 28, 2021; each production should constitute approximately one third of the total Vaughn index. SO ORDERED. Signed by Judge Rudolph Contreras on 1/19/2021. (lcrc3) (Entered: 01/19/2021)
2021-01-19		Set/Reset Deadlines: Cross Motions due by 6/17/2021. Response to Cross Motions due by 7/19/2021. Reply to Cross Motions due by 8/9/2021. Summary Judgment motions due by 5/18/2021. Response to Motion for Summary Judgment due by 6/17/2021. Reply to Motion for Summary Judgment due by 7/19/2021. Vaughn Index due by 2/21/2021, (tj) (Entered: 01/19/2021)
2021-03-24	26	Unopposed MOTION for Extension of Time to by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/24/2021)
2021-03-25		MINUTE ORDER granting 26 Motion for Extension of Time. It is hereby ORDERED that Defendant Department of Homeland Security shall serve the second third of its Vaughn index response on or before April 19, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/25/2021. (lcrc3) (Entered: 03/25/2021)
2021-05-18	27	Unopposed MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 05/18/2021)
2021-05-19		MINUTE ORDER granting 27 Defendants' Unopposed Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants shall file their motion for summary judgment on or before May 19, 2021; it is FURTHER ORDERED that Plaintiffs shall file their cross-motion for summary judgment and their response to Defendants' motion on or before June 18, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 5/19/2021. (lcrc3) (Entered: 05/19/2021)
2021-05-19		Set/Reset Deadlines: Cross Motions due by 6/18/2021. Response to Motion for Summary Judgment due by 6/18/2021. (tj) (Entered: 05/19/2021)
2021-05-19	28	MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Text of Proposed Order)(Carilli, Joseph) (Entered: 05/19/2021)
2021-06-18	29	Cross MOTION for Summary Judgment by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Statement of Facts Response to Defendants, # 5 Declaration of Emma Winger, # 6 Declaration of Shalyn Fluharty)(Winger, Emma) (Entered: 06/18/2021)
2021-06-18	30	Memorandum in opposition to re 28 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Attachments: # 1 Statement of Facts, # 2 Statement of Facts Response to Defendants, # 3 Declaration of Emma Winger, # 4 Declaration of Shalyn Fluharty)(Winger, Emma) (Entered: 06/18/2021)
2021-07-13	31	Consent MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/13/2021)
2021-07-13		MINUTE ORDER granting 31 Defendants' Consent Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants shall file their reply in support of their motion and their response to Plaintiffs' cross motion on or before July 26, 2021; and Plaintiffs shall file their reply in support of their motion on or before August 16, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/13/2021. (lcrc3) (Entered: 07/13/2021)
2021-07-26	32	Unopposed MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/26/2021)
2021-07-27		MINUTE ORDER granting 32 Defendants' Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendants shall file their reply in support of their motion and their response to Plaintiffs' cross motion on or before July 27, 2021; and Plaintiffs shall file their reply in support of their motion on or before August 17, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/27/2021. (lcrc3) (Entered: 07/27/2021)
2021-07-27	33	Memorandum in opposition to re 29 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Carilli, Joseph) (Entered: 07/27/2021)
2021-07-27	34	REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Carilli, Joseph) (Entered: 07/27/2021)
2021-08-17	35	REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment filed by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Winger, Emma) (Entered: 08/17/2021)
2021-12-01	36	NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Joseph F. Carilli, Jr. (Hair, Christopher) (Entered: 12/01/2021)
2022-03-11	37	ORDER granting in part and denying in part 28 Defendants' Motion for Summary Judgment and granting in part and denying in part 29 Plaintiffs' Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/11/2022. (lcrc3) (Entered: 03/11/2022)
2022-03-11	38	MEMORANDUM OPINION granting in part and denying in part 28 Defendants' Motion for Summary Judgment and granting in part and denying in part 29 Plaintiffs' Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/11/2022. (lcrc3) (Entered: 03/11/2022)
2022-03-25	39	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Hair, Christopher) (Entered: 03/25/2022)
2022-04-11		MINUTE ORDER: Upon consideration of 39 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 25, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 4/11/2022. (lcrc3) (Entered: 04/11/2022)
2022-04-25	40	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 04/25/2022)
2022-04-26		MINUTE ORDER: Upon consideration of 40 the parties' joint status report, it is hereby ORDERED that Defendants shall take the following steps by May 6, 2022: (a) Make any supplemental production of the challenged documents previously withheld under Exemption 5; and (b) Provide Plaintiffs and the Court with a supplemental Vaughn index for any of the challenged documents still withheld under Exemption 5; and (c) Produce any challenged documents still withheld under Exemption 5 to the Court for in camera review; and (d) Provide Plaintiffs with a description of Custom and Border Protection's new search that is reasonably calculated to uncover all relevant documents from the expedited requests; and (e) Respond to Plaintiffs' response to Defendants' proposed alternative to producing the withheld names of the Border Patrol agents as ordered by the Court. It is FURTHER ORDERED that the parties shall submit another joint status report on or before May 6, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 4/26/2022. (lcrc3) (Entered: 04/26/2022) (Entered: 04/26/2022)
2022-04-26	41	NOTICE of Appearance by Thomas Anthony Quinn on behalf of All Defendants (Quinn, Thomas) (Entered: 04/26/2022)
2022-05-06	42	Unopposed MOTION for Extension of Time to Court's Minute Order by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 05/06/2022)
2022-05-11	43	STATUS REPORT by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Winger, Emma) (Entered: 05/11/2022)
2022-05-13	44	NOTICE of Submission of Documents for in camera review by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION (Quinn, Thomas) (Entered: 05/13/2022)
2022-05-13	45	MOTION for Extension of Time to by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 05/13/2022)
2022-05-13	46	NOTICE by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Exhibit VAUGHN INDEX)(Quinn, Thomas) (Entered: 05/13/2022)
2022-05-13	47	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 05/13/2022)
2022-05-16		MINUTE ORDER granting 45 Motion for Extension of Time: It is hereby ORDERED that Defendants are to comply with the directions of the Court's April 26, 2022 Minute Order by May 20, 2022. It is FURTHER ORDERED that the parties are to submit a joint status report on May 20, 2022 to inform the Court of their progress and proposing further proceedings. SO ORDERED. Signed by Judge Rudolph Contreras on 5-16-2022. (lcrc3) (Entered: 05/16/2022)
2022-05-20	48	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit)(Quinn, Thomas) (Entered: 05/20/2022)
2022-05-31	49	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 05/31/2022)
2022-06-03		MINUTE ORDER: It is hereby ORDERED that the parties shall appear before the Court by Zoom for a status conference on June 7 at 3:30pm. Call details will be provided to the parties in advance of the meeting. SO ORDERED. Signed by Judge Rudolph Contreras on 6-3-2022. (lcrc3) (Entered: 06/03/2022)
2022-06-07		CORRECTED Minute Entry for proceedings held before Judge Rudolph Contreras: Status Conference held on 6/7/2022. The court sets the following schedule: Supplemental Vaughn Index due by 6/10/2022; Parties to confer by phone on 7/6/2022; Government to file a joint status report by 7/8/2022; Defendant to file a motion for reconsideration by 6/21/2022, and plaintiff to have the normal time to respond under the local rules unless an extension is requested. (Court Reporter: Nancy Meyer.) (tj) (Entered: 06/07/2022)
2022-06-10	50	Vaughn Index by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Exhibit)(Quinn, Thomas); Modified docketing event on 6/10/2022 (ztth). (Entered: 06/10/2022)
2022-06-21	51	MOTION for Reconsideration re 38 Memorandum & Opinion, 37 Order on Motion for Summary Judgment,,, by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 06/21/2022)
2022-06-21	52	DECLARATION by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION re 51 MOTION for Reconsideration re 38 Memorandum & Opinion, 37 Order on Motion for Summary Judgment,,, filed by U.S. CUSTOMS AND BORDER PROTECTION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND SECURITY. (Quinn, Thomas) (Entered: 06/21/2022)
2022-06-22		NOTICE OF ERROR re 52 Declaration; emailed to tony.quinn2@usdoj.gov, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. The Declaration should be filed with the main document. (ztth, ) (Entered: 06/22/2022)
2022-06-23	53	Unopposed MOTION for Extension of Time to File Response/Reply by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Attachments: # 1 Text of Proposed Order)(Valenzuela, Claudia) (Entered: 06/23/2022)
2022-06-23		MINUTE ORDER granting 53 Plaintiffs' Unopposed Motion for Extension of Time: It is hereby ORDERED that Plaintiffs' Opposition to Defendants' Motion for Reconsideration is due on or before July 25, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 6-23-2022. (lcrc3) (Entered: 06/23/2022)
2022-07-08	54	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 07/08/2022)
2022-07-08		MINUTE ORDER: Upon consideration of 54 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report by or on August 8, 2022. It is FURTHER ORDERED that Plaintiff shall respond to Defendants' motion to reconsider by or on August 8, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 7-8-2022. (lcrc3) (Entered: 07/08/2022)
2022-07-29	55	Joint MOTION to Stay re 51 MOTION for Reconsideration re 38 Memorandum & Opinion, 37 Order on Motion for Summary Judgment,,, by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Attachments: # 1 Text of Proposed Order)(Winger, Emma) (Entered: 07/29/2022)
2022-08-01		MINUTE ORDER granting 55 Joint Motion to Stay: It is hereby ORDERED that the motion to stay is GRANTED. It is FURTHER ORDERED that the parties shall notify the Court before or on August 8, 2022 of either: (a) anyagreement in principle to settle the issues involved in Defendants motion to reconsider or (b)when either party determines that no settlement is possible. SO ORDERED. Signed by Judge Rudolph Contreras on 8-1-2022. (lcrc3) (Entered: 08/01/2022)
2022-08-08	56	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 08/08/2022)
2022-08-08		MINUTE ORDER: Upon consideration of 56 the parties' Joint Status Report, it is hereby ORDERED that the case shall remain STAYED. It is FURTHER ORDERED that the parties file another joint status report before or on September 2, 2022, to inform the Court of the status of settlement discussions, including (a) any agreement in principle to settle the issues involved in Defendants motion to reconsider or (b) whether either party has determined that no settlement is possible. SO ORDERED. Signed by Judge Rudolph Contreras on 8-8-2022. (lcrc3) (Entered: 08/08/2022)
2022-09-02	57	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 09/02/2022)
2022-09-06		MINUTE ORDER: Upon consideration of 57 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report before or on September 16, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 9-6-2022. (lcrc3) (Entered: 09/06/2022)
2022-09-16	58	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 09/16/2022)
2022-09-19		MINUTE ORDER: Upon consideration of 58 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before September 30, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 9-19-2022. (lcrc3) (Entered: 09/19/2022)
2022-09-30	59	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 09/30/2022)
2022-09-30		MINUTE ORDER: Upon consideration of 59 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before October 28, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 9-30-2022. (lcrc3) (Entered: 09/30/2022)
2022-10-14		MINUTE ORDER: The Court's previous opinion required Defendants to produce four DHS documents and six USCIS documents for the Court's in camera review. ECF No. 38 at 18-32, 38. Following the June 7, 2022 status conference, Defendants delivered to the Court the four DHS documents but not all of the requested USCIS documents. Defendants only delivered USCIS documents Bates 3-11, 12-13, and 66-67. Plaintiff also reported (ECF No. 48) receiving from Defendant one of the USCIS documents at issue: "Draft talking points for the USCIS Director to present about the assistance CBP agents in the Los Angeles Office are providing to help with credible fear interviews." ECF No. 38 at 30 (Bates 26-27). Accordingly, the Court is apparently missing documents Bates 1-2 ("USCIS draft document of Asylum Facts and Stats as of July 15, 2019.") and Bates 15-22 ("Draft response to a media inquiry about a USCIS pilot program to train US Border Patrol Agents about how to conduct credible fear interviews."). It is hereby ORDERED that the parties' joint status report due on or before October 28, 2022 shall address the following issues: the tentatively resolved issue concerning the agent names; the status of apparently missing USCIS documents that Defendants have not produced to Plaintiff or the Court for in camera review; any other issues that must be resolved by the Court; and whether any additional briefing will be necessary. SO ORDERED. Signed by Judge Rudolph Contreras on 10-14-2022. (lcrc3) (Entered: 10/14/2022)
2022-10-18	60	Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Winger, Emma) (Entered: 10/18/2022)
2022-10-28	61	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 10/28/2022)
2022-10-28		MINUTE ORDER: Upon consideration of 61 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report before or on November 18, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 10-28-2022. (lcrc3) (Entered: 10/28/2022)
2022-11-18	62	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 11/18/2022)
2022-11-18		MINUTE ORDER: Upon consideration of 62 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before December 16, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 11-18-2022. (lcrc3) (Entered: 11/18/2022)
2022-11-18		Set/Reset Deadlines: Joint Status Report due by 12/16/2022. (zgf) (Entered: 11/21/2022)
2022-12-16	63	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 12/16/2022)
2022-12-19		MINUTE ORDER: Upon consideration of 63 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before January 20, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12-19-2022. (lcrc3) (Entered: 12/19/2022)
2023-01-20	64	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 01/20/2023)
2023-01-20		MINUTE ORDER: Upon consideration of 64 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before February 4, 2023. It is FURTHER ORDERED that Defendants shall provide Plaintiffs a draft agreement by January 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1-20-2023. (lcrc3) (Entered: 01/20/2023)
2023-02-03	65	Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Winger, Emma) (Entered: 02/03/2023)
2023-02-06		MINUTE ORDER: Upon consideration of 65 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before February 15, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2-6-2023. (lcrc3) (Entered: 02/06/2023)
2023-02-15	66	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 02/15/2023)
2023-02-15		MINUTE ORDER: Upon consideration of 66 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before February 28, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2-15-2023. (lcrc3) (Entered: 02/15/2023)
2023-02-28	67	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 02/28/2023)
2023-03-01		MINUTE ORDER: Upon consideration of 67 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 28, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3-1-2023. (lcrc3) (Entered: 03/01/2023)
2023-03-08		Set/Reset Deadlines: Status Report due by 4/28/2023 (tj) (Entered: 03/08/2023)
2023-04-03	68	ORDER denying as moot 51 Defendants' Motion for Reconsideration, granting in part and denying in part 28 Defendants' Renewed Motion for Summary Judgment, and granting in part and denying in part 30 Plaintiffs' Renewed Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 4-3-2023. (lcrc3) (Entered: 04/03/2023)
2023-04-03	69	MEMORANDUM OPINION denying as moot 51 Defendants' Motion for Reconsideration, granting in part and denying in part 28 Defendants' Renewed Motion for Summary Judgment, and granting in part and denying in part 30 Plaintiffs' Renewed Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 4-3-2023. (lcrc3) (Entered: 04/03/2023)
2023-04-28	70	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 04/28/2023)
2023-04-28		MINUTE ORDER: Upon consideration of 70 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before June 23, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4-28-2023. (lcrc3) (Entered: 04/28/2023)
2023-05-11		Set/Reset Deadlines: Status Report due by 6/23/2023 (tj) (Entered: 05/11/2023)
2023-06-23	71	Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Winger, Emma) (Entered: 06/23/2023)
2023-06-23		MINUTE ORDER: Upon consideration of 71 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before August 23, 2023, if the matter has not resolved by that date. SO ORDERED. Signed by Judge Rudolph Contreras on 6-23-2023. (lcrc3) (Entered: 06/23/2023)
2023-06-28		Set/Reset Deadlines: Status Report due by 8/23/2023 (tj) (Entered: 06/28/2023)
2023-08-01	72	NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION Substituting for attorney Thomas A. Quinn (Berhane, Fithawi) (Entered: 08/01/2023)
2023-08-23	73	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Berhane, Fithawi) (Entered: 08/23/2023)
2023-08-23		MINUTE ORDER: Upon consideration of 73 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before September 22, 2023, if the matter has not resolved by that date. SO ORDERED. Signed by Judge Rudolph Contreras on 8-23-2023. (lcrc3) (Entered: 08/23/2023)
2023-09-22	74	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Berhane, Fithawi) (Entered: 09/22/2023)
2023-09-22		MINUTE ORDER: Upon consideration of 74 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before October 23, 2023, if the matter has not resolved by that date. SO ORDERED. Signed by Judge Rudolph Contreras on 9-22-2023. (lcrc3) (Entered: 09/22/2023)
2023-10-23	75	STIPULATION of Dismissal by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Berhane, Fithawi) (Entered: 10/23/2023)
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