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Case TitleVazquez Carrillo v. Department of Homeland Security et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2020cv05468
Date Filed2020-09-15
Date Closed2022-03-08
JudgeHonorable Thomas M. Durkin
PlaintiffBlanca Estella Vazquez Carrillo
Case DescriptionBlanca Estella Vazquez Carrillo, a resident of the U.S. who had been detained by U.S. Immigration and Customs Enforcement, submitted a FOIA request to the Department of Homeland Security for records about herself. The agency acknowledged receipt of the request. ICE provided five responsive pages. Vazquez Carrillo filed an administrative appeal of that decision. U.S. Citizenship and Immigration Services placed Vazquez Carrillo's request on priority processing because she was facing immediate deportation. However, after hearing nothing further from the agencies, Vazquez Carrillo filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
DefendantUSCIS
DefendantImmigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-151COMPLAINT filed by Blanca Estella VAZQUEZ CARRILLO; Filing fee $ 400, receipt number 0752-17439339. (Attachments: # 1 Civil Cover Sheet)(Elmore, Christopher) (Entered: 09/15/2020)
2020-09-152ATTORNEY Appearance for Plaintiff Blanca Estella VAZQUEZ CARRILLO by Christopher Paul Elmore (Attachments: # 1 Civil Cover Sheet)(Elmore, Christopher) (Entered: 09/15/2020)
2020-09-16CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (cp, ) (Entered: 09/16/2020)
2020-09-163MINUTE entry before the Honorable Thomas M. Durkin: A joint status report is to be filed by 11/25/2020. Instructions may be found on Judge Durkin's webpage under new and reassigned cases. Mailed notice. (ecw, ) (Entered: 09/16/2020)
2020-09-18SUMMONS issued as to U.S. Department of Homeland Security; U.S. Citizenship and Immigration Services; U.S. Immigration and Customs Enforcement (Return Date: 10/19/2020). (acm, ) (Entered: 09/18/2020)
2020-10-054SUMMONS Returned Executed by Blanca Estella Vazquez Carrillo as to All Defendants (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Elmore, Christopher) (Entered: 10/05/2020)
2020-10-145SUMMONS Returned Executed by Blanca Estella Vazquez Carrillo as to All Defendants (Attachments: # 1 Exhibit Summons and Corrected Return of Service to ICE - 20-cv-5468, # 2 Exhibit Summons and Corrected Return of Service to USCIS - 20-cv-5468, # 3 Exhibit Certified mail receipts and expenses for serving summons - 20-5468, # 4 Exhibit Delivery Confirmations - 20-5468, # 5 Civil Cover Sheet)(Elmore, Christopher) (Entered: 10/14/2020)
2020-10-226DESIGNATION of Susan Willoughby Anderson as U.S. Attorney for Defendants Department of Homeland Security, Immigration and Customs Enforcement, USCIS (Anderson, Susan) (Entered: 10/22/2020)
2020-10-227MOTION by Defendants Department of Homeland Security, Immigration and Customs Enforcement, USCIS for extension of time to file answer Unopposed (Anderson, Susan) (Entered: 10/22/2020)
2020-10-228NOTICE of Motion by Susan Willoughby Anderson for presentment of motion for extension of time to file answer 7 before Honorable Thomas M. Durkin on 10/28/2020 at 09:00 AM. (Anderson, Susan) (Entered: 10/22/2020)
2020-10-229MINUTE entry before the Honorable Thomas M. Durkin: Motion for extension of time to answer 7 is granted. Defendants are to respond to the complaint by 11/11/2020. Mailed notice. (ecw, ) (Entered: 10/22/2020)
2020-11-0910MOTION by Defendant Department of Homeland Security for extension of time to file response/reply Motion for Second Extension of Time to Respond (Anderson, Susan) (Entered: 11/09/2020)
2020-11-0911MINUTE entry before the Honorable Thomas M. Durkin: Motion for extension of time to respond 10 is granted. Defendants are to respond to plaintiff's complaint by 11/30/2020. The 11/25/2020 joint status report deadline is extended to 12/14/2020. Mailed notice. (ecw, ) (Entered: 11/09/2020)
2020-11-2412MOTION by Defendants Department of Homeland Security, Immigration and Customs Enforcement, USCIS for extension of time to file answer (Unopposed Third Motion for Extension of Time to Answer) (Anderson, Susan) (Entered: 11/24/2020)
2020-11-2513MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer 12 is granted. Defendants are to respond to the complaint by 12/18/2020. The 12/14/2020 status report deadline is vacated. Mailed notice. (ecw, ) (Entered: 11/25/2020)
2020-12-1814ANSWER to Complaint by Immigration and Customs Enforcement(Anderson, Susan) (Entered: 12/18/2020)
2020-12-1815MOTION by Defendant USCIS to dismiss (Anderson, Susan) (Entered: 12/18/2020)
2020-12-1816MEMORANDUM by USCIS in support of motion to dismiss 15 (Attachments: # 1 Exhibit A (Eggleston Affidavit))(Anderson, Susan) (Entered: 12/18/2020)
2020-12-1817MINUTE entry before the Honorable Thomas M. Durkin: A telephone status conference is set for 1/5/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Mailed notice. (ecw, ) (Entered: 12/18/2020)
2021-01-0518MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 1/5/2021. Plaintiff is to let the Court know whether or not they oppose the motion to dismiss 15 by Defendant USCIS, and submit a proposed briefing schedule if necessary. Motion for summary judgment is due by 2/19/2021. Response is due by 3/12/2021. Reply is due by 3/26/2021. The same schedule is to apply to case number 20 C 5464. The Court will issue its ruling by mail for both cases. A telephone status hearing is set for 5/3/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 01/05/2021)
2021-01-1419RESPONSE by Blanca Estella Vazquez Carrilloin Support of MOTION by Defendant USCIS to dismiss 15 (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet)(Elmore, Christopher) (Entered: 01/14/2021)
2021-02-1920MOTION by Defendants Immigration and Customs Enforcement, Department of Homeland Security for summary judgment ICE Motion for Summary Judgment (Anderson, Susan) (Entered: 02/19/2021)
2021-02-1921MEMORANDUM by Department of Homeland Security, Immigration and Customs Enforcement in support of motion for summary judgment 20 ICE Memorandum in Support of Motion for Summary Judgment (Anderson, Susan) (Entered: 02/19/2021)
2021-02-1922RULE 56.1 Statement by Department of Homeland Security, Immigration and Customs Enforcement regarding motion for summary judgment 20 ICE Rule 56.1 Statement of Facts (Attachments: # 1 Declaration Vargas, # 2 Declaration Vazquez-Carrillo)(Anderson, Susan) (Entered: 02/19/2021)
2021-03-1123MOTION by Plaintiff Blanca Estella Vazquez Carrillo to set a briefing schedule adjustment (Elmore, Christopher) (Entered: 03/11/2021)
2021-03-1224MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion to adjust summary judgment briefing schedule 23 is granted. Plaintiff's cross motion for summary judgment and response to Defendant's motion for summary judgment is to be filed by 3/12/2021. Defendants' reply in support of motion for summary judgment and response to Plaintiff's cross motion for summary judgment is to be filed by 4/2/2021. Plaintiff's reply in support of cross motion for summary judgment is to be filed by 4/23/2021. Mailed notice. (ecw, ) (Entered: 03/12/2021)
2021-03-1225RULE 56 LR 56.1(b) Statement (Elmore, Christopher) (Entered: 03/12/2021)
2021-03-1226MOTION by Plaintiff Blanca Estella Vazquez Carrillo for summary judgment (Elmore, Christopher) (Entered: 03/12/2021)
2021-03-1227MEMORANDUM by Blanca Estella Vazquez Carrillo in support of motion for summary judgment 20 and opposition to Defendant's motion for summary judgment (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Elmore, Christopher) (Entered: 03/12/2021)
2021-03-1228RULE 56 LR 56.1(a) Statement by Plaintiff (Elmore, Christopher) (Entered: 03/12/2021)
2021-03-1629MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 5/3/2021 is reset for 5/26/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 03/16/2021)
2021-04-0230REPLY by Defendants Department of Homeland Security, Immigration and Customs Enforcement Reply in Support of Defendants' Motion for Summary Judgment and Response to Plaintiffs' Cross-Motion for Summary Judgment (Anderson, Susan) (Entered: 04/02/2021)
2021-04-0231RULE 56.1 Statement Defendants' Additional Facts Submitted in Support of Summary Judgment (Anderson, Susan) (Entered: 04/02/2021)
2021-04-0232RESPONSE by Defendants Department of Homeland Security, Immigration and Customs Enforcement Defendants' Response to Plaintiffs' Rule 56.1 Statement of Facts (Anderson, Susan) (Entered: 04/02/2021)
2021-04-2333RULE 56 LR 56.1(c)(2) Statement (Attachments: # 1 Exhibit)(Elmore, Christopher) (Entered: 04/23/2021)
2021-04-2334REPLY by Blanca Estella Vazquez Carrillo to reply 30 in Support of Plaintiff's Cross-Motion for Summary Judgment (Elmore, Christopher) (Entered: 04/23/2021)
2021-05-2635MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 5/26/2021. For the reasons stated on the record, the Court grants Plaintiffs' motion for summary judgment 26 and denies ICE's motion for summary judgment 20 . ICE is ordered to again search its records in accordance with the oral ruling. The case is to remain open. A telephone status hearing is set for 7/19/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 05/26/2021)
2021-06-1536WITHDRAWING Susan Willoughby Anderson as counsel for Defendants Department of Homeland Security, Immigration and Customs Enforcement, USCIS and substituting Virginia Ovitz Hancock as counsel of record (Hancock, Virginia) (Entered: 06/15/2021)
2021-07-0737MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/19/2021 is reset for 7/22/2021 at 9:15 a.m. The same dial in information shall apply. Mailed notice. (ecw, ) (Entered: 07/07/2021)
2021-07-2138MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/22/2021 is reset for 7/27/2021 at 9:15 a.m. The dial-in information will remain the same. Mailed notice. (ecw, ) (Entered: 07/21/2021)
2021-07-2739MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 7/27/2021. A telephone status hearing is set for 8/23/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 07/27/2021)
2021-08-1140MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 8/23/2021 is reset for 8/26/2021 at 9:00 a.m. The dial-in information will remain the same. Mailed notice. (ecw, ) (Entered: 08/11/2021)
2021-08-2641MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 8/26/2021. A telephone status hearing is set for 9/24/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 08/26/2021)
2021-09-2342MINUTE entry before the Honorable Thomas M. Durkin: Motion to dismiss 15 is denied as moot. Mailed notice. (ecw, ) (Entered: 09/23/2021)
2021-09-2443MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 9/24/2021. A telephone status hearing is set for 10/22/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 09/24/2021)
2021-10-2244MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/22/2021. A telephone status hearing is set for 12/6/2021 at 9:00 a.m., unless a stipulation of dismissal is filed before then. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 10/22/2021)
2021-12-0345MINUTE entry before the Honorable Thomas M. Durkin: The parties are continuing settlement discussions. The telephone status hearing set for 12/6/2021 is reset for 1/25/2022 at 9:15 a.m., unless a stipulation of dismissal is filed before then. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 12/03/2021)
2022-01-2546MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 1/25/2022. The parties reported that they have resolved the fee issue. A telephone status hearing is set for 3/15/2022 at 9:00 a.m., unless the case is dismissed before then. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 01/25/2022)
2022-03-0347SETTLEMENT Agreement (Hancock, Virginia) (Entered: 03/03/2022)
2022-03-0848STIPULATION of Dismissal Joint (Elmore, Christopher) (Entered: 03/08/2022)
2022-03-0849MINUTE entry before the Honorable Thomas M. Durkin: A stipulation to dismiss has been filed. Pursuant to Federal Rule of Civil Procedure 41(a), this case is dismissed with prejudice. All pending dates before this court are stricken. Civil case terminated. Mailed notice. (ecw, ) (Entered: 03/08/2022)
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