Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that U.S. Immigration and Customs Enforcement properly responded to a FOIA request from Jesus Vidal-Martinez for records concerning the decision of the agency to send Vidal-Martinez to Indiana to face charges on a DWI charge in Decatur County. Vidal-Martinez was being held at the McHenry County Jail in Illinois pending an administrative removal hearing. In August 2020, Vidal-Martinez filed a habeas corpus petition, arguing that his detention was preventing him from defending himself against criminal charges pending in other jurisdictions, including Indiana. ICE reached out to a prosecutor in Decatur County to inquire about whether the county was interested in pursuing the charges against Vidal-Martinez there. The prosecutor informed ICE that the county was interested in proceeding with the case and ICE and the prosecutor discussed the procedure by which Vidal-Martinez could be transferred to Decatur County. Specifically, ICE informed the prosecutor that he would need to seek a writ of habeas corpus ad prosequendum from a court. ICE also provided the prosecutor with templates he could use in drafting the petition. In September 2020, ICE transported Vidal-Martinez from McHenry County Jail to a jail in Clay County, Indiana. The next day, the Decatur County Superior Court issued a writ of habeas corpus ad prosequendum. Vidal-Martinez was subsequently transferred to Decatur County. Following the resolution of his criminal matter in Decatur County, Vidal-Martinez was transferred back to ICE detention, to the Pulaski County Detention Center in Southern Illinois. His petition for habeas corpus was granted and he was released. Vidal-Martinez submitted two FOIA requests â€" the first request asked for email communications between ICE and Decatur County officials, and between ICE and the McHenry County and Clay County Jails, while the second request asked for records of internal ICE communications regarding his transfer to Decatur County. ICE's search for records yielded 561 pages of emails, which were released with redactions. The focus of the dispute centered on a 51-page subset of emails. Vidal-Martinez asked the court to review the documents in camera. When the government indicated it had no objections, the disputed emails were reviewed by the court in camera. After reviewing the documents in camera, Judge Matthew Kennelly sided with the government. The government claimed the disputed records were covered by Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Vidal-Martinez argued the records were not privileged because they fell within the crime-fraud exception. Kennelly concluded that the crime-fraud exception did not apply. He noted that "the relevant portions of the emails consist of conversations between ICE attorneys and a Decatur County prosecutor discussing whether and how to transfer Vidal-Martinez to the county for his criminal proceedings. The ICE attorneys discuss the benefits of transferring him â€" namely, they believed a conviction in the state cases would strengthen ICE's case for deportation. They also opine that Vidal-Martinez's transfer to Decatur County would result in the federal court losing jurisdiction over the habeas corpus case. This was not the case, as the court later concluded, but there is no evidence that ICE deliberately misled the court when it argued that the habeas case should be dismissed." As to the personally identifying information withheld under the privacy exemptions, Kennelly observed that "it is hard to see how knowing the names of these individuals would assist in determining whether the government properly litigated Vidal-Martinez's habeas corpus case. The existence of any government impropriety would depend on the content of the communications not on the name of the specific employees making the communications."
Issues: Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2020-12-29	1	COMPLAINT filed by Jesus Vidal-Martinez; Filing fee $ 402, receipt number 0752-17784349. (Attachments: # 1 Civil Cover Sheet)(Elmore, Christopher) (Entered: 12/29/2020)
2020-12-29	2	ATTORNEY Appearance for Plaintiff Jesus Vidal-Martinez by Christopher Paul Elmore (Attachments: # 1 Civil Cover Sheet)(Elmore, Christopher) (Entered: 12/29/2020)
2020-12-29		CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (mxo, ) (Entered: 12/29/2020)
2020-12-30	3	ATTORNEY Appearance for Plaintiff Jesus Vidal-Martinez by Jacob S. Briskman (Briskman, Jacob) (Entered: 12/30/2020)
2021-01-04		SUMMONS Issued as to U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney, and U.S. Attorney General (mxo, ) (Entered: 01/04/2021)
2021-01-21	4	SUMMONS Returned Executed by Jesus Vidal-Martinez as to All Defendants (Attachments: # 1 Exhibit Summons Return Executed to AG, # 2 Exhibit Summons Return Executed to AUSA, # 3 Exhibit Summons Return Executed to DHS, # 4 Exhibit Certified Mail receipts, # 5 Exhibit Delivery confirmations, # 6 Exhibit Proof of costs)(Elmore, Christopher) (Entered: 01/21/2021)
2021-02-05	5	MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 2/19/2021, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 (a "status hearing," in local parlance) on 2/26/2021 at 9:40 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk) (Entered: 02/05/2021)
2021-02-12	6	DESIGNATION of Jonathan C. Haile as U.S. Attorney for Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Haile, Jonathan) (Entered: 02/12/2021)
2021-02-12	7	MOTION by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement for extension of time to file response/reply as to complaint 1 (Haile, Jonathan) (Entered: 02/12/2021)
2021-02-13	8	MINUTE entry before the Honorable Matthew F. Kennelly: Agreed motion for extension of time 7 is granted; response to complaint is to be filed by 3/15/2021. Telephone status hearing set for 2/26/2021 is vacated and reset to 3/22/2021 at 9:05 AM using call-in number 888-684-8852, conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk) (Entered: 02/13/2021)
2021-02-15	9	MOTION by Plaintiff Jesus Vidal-Martinez to amend/correct complaint (Attachments: # 1 Exhibit Amended Complaint)(Elmore, Christopher) (Entered: 02/15/2021)
2021-02-18	10	MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the joint status report deadline of 2/19/2021 is vacated and reset to 3/15/2021. Mailed notice. (mma, ) (Entered: 02/18/2021)
2021-02-19	11	MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file amended complaint 9 is granted; plaintiff should now file the amended complaint as a separate document. (mk) (Entered: 02/19/2021)
2021-02-19	12	First AMENDED complaint by Jesus Vidal-Martinez against All Defendants (Elmore, Christopher) (Entered: 02/19/2021)
2021-03-15	13	DEFENDANTS' ANSWER to amended complaint by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement(Haile, Jonathan) (Entered: 03/15/2021)
2021-03-15	14	STATUS Report Initial Joint by Jesus Vidal-Martinez (Elmore, Christopher) (Entered: 03/15/2021)
2021-03-15	15	MOTION by Plaintiff Jesus Vidal-Martinez to continue status call (Elmore, Christopher) (Entered: 03/15/2021)
2021-03-16	16	MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' status report, plaintiff's unopposed motion to continue 15 is granted. The telephone status hearing set for 3/22/2021 is vacated and reset to 4/27/2021 at 8:55 AM, using call-in number 888-684-8852, conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk) (Entered: 03/16/2021)
2021-04-27	17	MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/27/2021. The parties reported on the status of discovery. Plaintiff is directed to provide the defendant with any objections to exemptions asserted by the agency by 5/27/2021. A joint status report is due 6/3/2021. A telephonic status hearing is set for 6/10/2021 at 9:20 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, ) (Entered: 04/27/2021)
2021-06-02	18	STATUS Report Second Joint Status Report by Jesus Vidal-Martinez (Attachments: # 1 Exhibit)(Elmore, Christopher) (Entered: 06/02/2021)
2021-06-03	19	MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephonic status hearing set for 6/10/2021 is vacated and reset to 7/22/2021 at 9:20 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. A further joint status report is to be filed on 7/14/2021. (mk) (Entered: 06/03/2021)
2021-07-13	20	STATUS Report Third Joint Status Report by Jesus Vidal-Martinez (Elmore, Christopher) (Entered: 07/13/2021)
2021-07-14	21	MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the status hearing set for 7/22/2021 is vacated and will be reset, if necessary, at a later time. The Court hereby enters the parties' proposed summary judgment schedule, as follows. Defendants' motion for summary judgment is to be filed by 8/16/2021; plaintiffs' response and cross-motion is to be filed by 9/16/2021; defendants' response/reply brief is to be filed by 10/7/2021; and plaintiffs' reply on the cross-motion is to be filed by 10/21/2021. (mk) (Entered: 07/14/2021)
2021-08-13	22	MOTION by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement for extension of time FILING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Haile, Jonathan) (Entered: 08/13/2021)
2021-08-18	23	MINUTE entry before the Honorable Matthew F. Kennelly: Agreed motion for extension of time 22 is granted. Defendants' motion for summary judgment is to be filed by 8/30/2021; plaintiffs' response and cross-motion is to be filed by 9/30/2021; defendants' response/reply brief is to be filed by 10/21/2021; and plaintiffs' reply on the cross-motion is to be filed by 11/2/2021. (mk) (Entered: 08/18/2021)
2021-08-30	24	MOTION by Defendants U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security for summary judgment (Haile, Jonathan) (Entered: 08/30/2021)
2021-08-30	25	MEMORANDUM by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement in support of motion for summary judgment 24 (Haile, Jonathan) (Entered: 08/30/2021)
2021-08-30	26	RULE 56 56.1 Statement by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement regarding motion for summary judgment 24 (Attachments: # 1 Declaration)(Haile, Jonathan) (Entered: 08/30/2021)
2021-09-09	27	MOTION by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement to supplement THE SUMMARY JUDGMENT RECORD WITH A VISIBLE ELECTRONIC SIGNATURE (Haile, Jonathan) (Entered: 09/09/2021)
2021-09-10	28	MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' unopposed motion to supplement the record with a valid electronic signature 27 is granted. (mk) (Entered: 09/10/2021)
2021-09-29	29	MOTION by Plaintiff Jesus Vidal-Martinez for extension of time FOR FILING PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION (Elmore, Christopher) (Entered: 09/29/2021)
2021-09-30	30	MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' unopposed motion for extension of time 29 is granted. Due dates are extended as follows: plaintiff's summary judgment response and cross motion is to be filed by 10/21/2021; defendants' response/reply is to be filed by 11/11/2021; and plaintiff's reply on the cross motion is to be filed by 11/24/2021. (mk) (Entered: 09/30/2021)
2021-10-21	31	MOTION by Plaintiff Jesus Vidal-Martinez for extension of time for briefing by 2 business days , MOTION by Plaintiff Jesus Vidal-Martinez to set a briefing schedule (Elmore, Christopher) (Entered: 10/21/2021)
2021-10-24	32	MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's unopposed motion for extension of time 31 is granted. Due date for plaintiff's response/cross-motion is extended to 10/25/2021; due date for defendants' response/reply is extended to 11/15/2021; due date for plaintiff's reply on cross-motion is extended to 11/29/2021. (mk) (Entered: 10/24/2021)
2021-10-25	33	ATTORNEY Appearance for Plaintiff Jesus Vidal-Martinez by Adam R Whitesel Cassingham (Cassingham, Adam R) (Entered: 10/25/2021)
2021-10-25	34	MOTION by Plaintiff Jesus Vidal-Martinez for leave to file excess pages , MOTION by Plaintiff Jesus Vidal-Martinez for summary judgment (Elmore, Christopher) (Entered: 10/25/2021)
2021-10-25	35	MOTION by Plaintiff Jesus Vidal-Martinez for summary judgment Cross Motion for Summary Judgment (Elmore, Christopher) (Entered: 10/25/2021)
2021-10-25	36	MEMORANDUM by Jesus Vidal-Martinez in support of motion for summary judgment 35 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Elmore, Christopher) (Entered: 10/25/2021)
2021-10-25	37	RULE 56 (b)(2) Statement Response to Defendants LR 56 Statemetn (Elmore, Christopher) (Entered: 10/25/2021)
2021-10-25	38	RULE 56 (a)(2) and (b)(3) Statement by Jesus Vidal-Martinez regarding motion for summary judgment 35 , motion for leave to file excess pages, motion for summary judgment 34 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Elmore, Christopher) (Entered: 10/25/2021)
2021-10-26	39	MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file 23-page brief 35 is granted. (mk) (Entered: 10/26/2021)
2021-11-15	40	RESPONSE by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement to memorandum in support of motion 25 , memorandum in support of motion, 36 (Haile, Jonathan) (Entered: 11/15/2021)
2021-11-15	41	RESPONSE by Defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement to Rule 56 statement,, 38 (Haile, Jonathan) (Entered: 11/15/2021)
2021-11-29	42	REPLY by Plaintiff Jesus Vidal-Martinez to Response 40 , memorandum in support of motion, 36 (Elmore, Christopher) (Entered: 11/29/2021)
2021-11-29	43	RESPONSE by Plaintiff Jesus Vidal-Martinez LR56.1(c)(2) response to Defendants' LR 56.1(b)(3) statement (Elmore, Christopher) (Entered: 11/29/2021)
2022-05-26	44	MINUTE entry before the Honorable Matthew F. Kennelly: The Court is currently at work on the parties' summary judgment motions. The plaintiffs seek (among other things) in camera review of the 50-or-so pages of withheld documents that they challenge, and in its reply the government says that it "does not object if the court wishes to conduct an in camera review." Reply (dkt. no. 40) at 6. The Court directs the government to provide the documents under consideration to Judge Kennelly's chambers (Room 2188) on a USB drive or in hard copy, whichever is easier for the agency, by the close of business on 5/31/2022. (mk) (Entered: 05/26/2022)
2022-06-16	45	MEMORANDUM Opinion and Order: The Court grants the defendants' motion for summary judgment 24 and denies the plaintiff's motion for summary judgment 35 . The Court directs the Clerk to enter judgment dismissing the plaintiff's claims with prejudice. Civil case terminated. Signed by the Honorable Matthew F. Kennelly on 6/16/2022. Mailed notice. (mma, ) (Entered: 06/16/2022)
2022-06-16	46	ENTERED JUDGMENT. Mailed notice. (mma, ) (Entered: 06/16/2022)
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