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Case TitleIMMIGRANT LEGAL ADVOCACY PROJECT et al v. US IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Maine
CityPortland
Case Number2:2021cv00066
Date Filed2021-03-03
Date Closed2023-04-12
JudgeJUDGE JOHN A. WOODCOCK, JR
PlaintiffIMMIGRANT LEGAL ADVOCACY PROJECT
PlaintiffUNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC
TERMINATED: 03/04/2021
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION
Case DescriptionThe Immigrant Legal Advocacy Project, the University of Maine School of Law Refugee and Human Rights Clinic, and the ACLU of Maine submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning ICE detention policies in Maine, particularly as they related to the pandemic. The requesters also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Immigrant Legal Advocacy Project and the other requesters filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Fees, Litigation - Attorney's fees

DefendantUS IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [52]
Opinion/Order [53]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-031COMPLAINT against US IMMIGRATION AND CUSTOMS ENFORCEMENT PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by UNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC, IMMIGRANT LEGAL ADVOCACY PROJECT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (Service of Process Deadline 6/1/2021) Fee due by 3/5/2021. (Attachments: # 1 Exhibit A - 1/15/21 ICE FOIA, # 2 Exhibit B - 2/12/21 FOIA request, # 3 Exhibit C - ICE Webpage, # 4 Exhibit D - 2/22/21 email)(bfa) (Entered: 03/03/2021)
2021-03-032CIVIL COVER SHEET. (bfa) (Entered: 03/03/2021)
2021-03-03Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2456578.), filed by UNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC, IMMIGRANT LEGAL ADVOCACY PROJECT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION.(BOND, EMMA) (Entered: 03/03/2021)
2021-03-033Summons Issued as to US IMMIGRATION AND CUSTOMS ENFORCEMENT. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (bfa) (Entered: 03/03/2021)
2021-03-044AMENDED COMPLAINT against US IMMIGRATION AND CUSTOMS ENFORCEMENT, filed by IMMIGRANT LEGAL ADVOCACY PROJECT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (Service of Process Deadline 6/2/2021) (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - Jan. 15, 2021 Email, # 3 Exhibit C - ICE Webpage, # 4 Exhibit D - Feb. 21, 2021 Email)(BOND, EMMA) (Entered: 03/04/2021)
2021-03-045Summons Issued as to US IMMIGRATION AND CUSTOMS ENFORCEMENT. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (tcs) (Entered: 03/04/2021)
2021-03-156AFFIDAVIT of Service by IMMIGRANT LEGAL ADVOCACY PROJECT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. US IMMIGRATION AND CUSTOMS ENFORCEMENT served on 3/8/2021. (BOND, EMMA) (Entered: 03/15/2021)
2021-03-15Set Answer Deadline for US IMMIGRATION AND CUSTOMS ENFORCEMENT: Answer due by 5/7/2021. (tcs) (Entered: 03/15/2021)
2021-03-15Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney PHILIP MANTIS must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 3/22/2021. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (tcs) (Entered: 03/15/2021)
2021-03-167NOTICE of Appearance by ASHLEY E. EILER on behalf of US IMMIGRATION AND CUSTOMS ENFORCEMENT (EILER, ASHLEY) (Entered: 03/16/2021)
2021-04-078ANSWER to 4 Amended Complaint, by US IMMIGRATION AND CUSTOMS ENFORCEMENT.(EILER, ASHLEY) (Entered: 04/07/2021)
2021-04-089NOTICE of Hearing: Telephone Conference set for 4/16/2021 at 11:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 04/08/2021)
2021-04-1610Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: Melissa Merenberg) (MFS) (Entered: 04/16/2021)
2021-04-1611PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 04/16/2021)
2021-04-16Set Deadlines: Status Report due by 5/12/2021. (MFS) (Entered: 04/16/2021)
2021-05-1212STATUS REPORT (Joint) and Joint Request to Adopt the Parties' Agreed-Upon Schedule for Proceeding by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (EILER, ASHLEY) (Entered: 05/12/2021)
2021-05-1313PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 05/13/2021)
2021-05-13Set Deadlines: Joint Status Report due by 1/13/2022. (MFS) (Entered: 05/13/2021)
2021-07-2614NOTICE of Appearance by KATELYN SANER on behalf of US IMMIGRATION AND CUSTOMS ENFORCEMENT (SANER, KATELYN) (Entered: 07/26/2021)
2021-11-2915NOTICE of Appearance by ZACHARY L. HEIDEN on behalf of AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, IMMIGRANT LEGAL ADVOCACY PROJECT (HEIDEN, ZACHARY) (Entered: 11/29/2021)
2021-12-0316First MOTION by Attorney Philip Mantis to Withdraw as Attorney by IMMIGRANT LEGAL ADVOCACY PROJECT Responses due by 12/27/2021. (MANTIS, PHILIP) (Entered: 12/03/2021)
2021-12-0317ORDER granting 16 Motion by Attorney Philip Mantis to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 12/03/2021)
2021-12-0818NOTICE of Appearance by ANAHITA SOTOOHI on behalf of AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION (SOTOOHI, ANAHITA) (Entered: 12/08/2021)
2021-12-3019MOTION by Attorney Julia Brown to Withdraw as Attorney by IMMIGRANT LEGAL ADVOCACY PROJECT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION Responses due by 1/20/2022. (BROWN, JULIA) Modified on 12/30/2021 to add American Civil Liberties Union of Maine as a filer (lrt). (Entered: 12/30/2021)
2021-12-3020ORDER granting 19 Motion by Attorney Julia Brown to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 12/30/2021)
2022-01-1221STATUS REPORT (Joint) by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (EILER, ASHLEY) (Entered: 01/12/2022)
2022-01-1322ORDER: After review of the parties most recent status report (ECF No. 21), the Court grants the parties request for additional time to discuss the issues related to the document production. The parties shall file a status report on or about February 28, 2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/13/2022)
2022-01-13Set Deadlines: Status Report due by 2/28/2022. (MFS) (Entered: 01/13/2022)
2022-02-2523Unopposed MOTION to Extend Time Two weeks extension to file joint status report by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION Responses due by 3/18/2022. (SOTOOHI, ANAHITA) (Entered: 02/25/2022)
2022-02-2524ORDER granting 23 Motion to Extend Time to File Status Report. Time is extended to March 14, 2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 02/25/2022)
2022-02-25Reset Deadlines: Status Report due by 3/14/2022. (tcs) (Entered: 02/28/2022)
2022-03-1425STATUS REPORT (Joint) by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A - Redactions/Withholdings Identified by Plaintiffs for Draft Vaughn Index)(EILER, ASHLEY) (Entered: 03/14/2022)
2022-03-1626PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 03/16/2022)
2022-03-16Set Deadlines: Joint Status Report due by 8/30/2022. (MFS) (Entered: 03/16/2022)
2022-03-1727MOTION by Attorney Ashley E. Eiler to Withdraw as Attorney by US IMMIGRATION AND CUSTOMS ENFORCEMENT Responses due by 4/7/2022. (EILER, ASHLEY) (Entered: 03/17/2022)
2022-03-1828ORDER granting 27 Motion by Ashley E. Eiler to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 03/18/2022)
2022-04-0529MOTION by Attorney Emma Bond to Withdraw as Attorney by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, IMMIGRANT LEGAL ADVOCACY PROJECT Responses due by 4/26/2022. (BOND, EMMA) (Entered: 04/05/2022)
2022-04-0530ORDER granting 29 Motion by Attorney Emma Bond to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 04/05/2022)
2022-04-1131NOTICE of Appearance by CAROL GARVAN on behalf of All Plaintiffs (GARVAN, CAROL) (Entered: 04/11/2022)
2022-08-1732STATUS REPORT Joint by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (SANER, KATELYN) (Entered: 08/17/2022)
2022-08-1833PROCEDURAL ORDER By MAGISTRATE JUDGE JOHN C. NIVISON. Defendant's Motion for Summary Judgment due by 10/14/2022. Plaintiffs' Cross-Motion for Summary Judgment due by 11/18/2022. (tcs) (Entered: 08/18/2022)
2022-10-1434AFFIDAVIT of Fernando Pineiro Declaration in Support of Defendant's Motion for Summary Judgment filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit 1 - ECF No. 4-1 (FOIA Request))(SANER, KATELYN) (Entered: 10/14/2022)
2022-10-1435STATEMENT OF FACT Defendant's Statement of Undisputed Material Facts by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (SANER, KATELYN) (Entered: 10/14/2022)
2022-10-1436MOTION for Summary Judgment by US IMMIGRATION AND CUSTOMS ENFORCEMENT Responses due by 11/4/2022. (SANER, KATELYN) (Entered: 10/14/2022)
2022-10-14Reset Deadlines as to 36 MOTION for Summary Judgment - per Procedural Order No. 33: Responses due by 11/18/2022; Reply due by 12/16/2022. (lrt) (Entered: 10/14/2022)
2022-11-1437RESPONSE to Motion re 36 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, IMMIGRANT LEGAL ADVOCACY PROJECT, UNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC. Reply due by 11/28/2022. (SOTOOHI, ANAHITA) (Entered: 11/14/2022)
2022-11-1438RESPONSE to Statement of Fact with Statement of Additional Facts filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, IMMIGRANT LEGAL ADVOCACY PROJECT, UNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC. (Attachments: # 1 Exhibit Ex 1: Affidavit of Zachary Heiden, # 2 Exhibit Ex 1-A: FOIA Request, # 3 Exhibit Ex. 1-B: February 22, 2021 Email, # 4 Exhibit Ex. 1-C: April 29, 2022 Email, # 5 Exhibit Ex. 1-D: May 31, 2022 Email, # 6 Exhibit Ex. 1-E: June 2, 2022 Email, # 7 Exhibit Ex. 1-F: June 9, 2022 Email)(SOTOOHI, ANAHITA) (Entered: 11/14/2022)
2022-11-1439Cross MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, IMMIGRANT LEGAL ADVOCACY PROJECT, UNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC Responses due by 12/5/2022. (SOTOOHI, ANAHITA) (Entered: 11/14/2022)
2022-11-1440STATEMENT OF FACT Plaintiff's Statement of Undisputed Material Facts by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, IMMIGRANT LEGAL ADVOCACY PROJECT, UNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC. (Attachments: # 1 Exhibit Ex 1: Affidavit of Zachary Heiden, # 2 Exhibit Ex 1-A: FOIA Request, # 3 Exhibit Ex. 1-B: February 22, 2021 Email, # 4 Exhibit Ex. 1-C: April 29, 2022 Email, # 5 Exhibit Ex. 1-D: May 31, 2022 Email, # 6 Exhibit Ex. 1-E: June 2, 2022 Email, # 7 Exhibit Ex. 1-F: June 9, 2022 Email)(SOTOOHI, ANAHITA) (Entered: 11/14/2022)
2022-11-15Reset Deadlines as to 36 MOTION for Summary Judgment: Reply due by 12/16/2022. (tcs) (Entered: 11/15/2022)
2022-11-15Reset Deadlines as to 39 Cross MOTION for Summary Judgment : Responses due by 12/16/2022. (tcs) (Entered: 11/15/2022)
2022-12-1341MOTION to Amend Procedural Order Consented-To Motion for Modification of the Parties' Summary Judgment Briefing Order by US IMMIGRATION AND CUSTOMS ENFORCEMENT Responses due by 1/3/2023. (SANER, KATELYN) (Entered: 12/13/2022)
2022-12-1442ORDER granting 41 Motion to Amend Procedural Order. Deadline for Defendant to file its Response in Opposition to Plaintiffs' Cross-Motion for Summary Judgment and Reply in Support of its Motion for Summary Judgment is extended to December 21, 2022; Deadline for Plaintiffs to File their Reply in Support of Summary Judgment is extended to January 13, 2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 12/14/2022)
2022-12-14Reset Deadlines as to 39 Cross MOTION for Summary Judgment: Responses due by 12/21/2022. Reply due by 1/13/2023. (tcs) (Entered: 12/14/2022)
2022-12-14Reset Deadlines as to 36 MOTION for Summary Judgment: Reply due by 12/21/2022. (tcs) (Entered: 12/14/2022)
2022-12-1943CONSENT MOTION to Amend Scheduling Order for Modification of the Parties' Summary Judgment Briefing Order (Dkt. #42) by US IMMIGRATION AND CUSTOMS ENFORCEMENT Responses due by 1/9/2023. (Attachments: # 1 Exhibit A - Supplemental Declaration of Fernando Pineiro)(SANER, KATELYN) (Entered: 12/19/2022)
2022-12-1944ORDER granting 43 Motion to Amend Scheduling Order. Deadline for Defendant to file its Response in Opposition to Plaintiffs' Cross-Motion for Summary Judgment and Reply in Support of its Motion for Summary Judgment is extended to January 30, 2023; Deadline for Plaintiffs to File their Reply in Support of Summary Judgment is extended to February 13, 2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 12/19/2022)
2022-12-20Reset Deadlines as to 39 Cross MOTION for Summary Judgment: Responses due by 1/30/2023. Reply due by 2/13/2023. (tcs) (Entered: 12/20/2022)
2022-12-20Reset Deadlines as to 36 MOTION for Summary Judgment: Reply due by 1/30/2023. (tcs) (Entered: 12/20/2022)
2022-12-20Reset Deadlines at the Direction of Judge John C. Nivison as to 39 Cross MOTION for Summary Judgment: Reply due by 2/23/2023. (tcs) (Entered: 12/20/2022)
2023-01-3045AFFIDAVIT of Fernando Pineiro re 36 MOTION for Summary Judgment Supplemental Declaration in Support of Defendant's Motion for Summary Judgement filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (SANER, KATELYN) (Entered: 01/30/2023)
2023-01-3046AFFIDAVIT of Fernando Pineiro Second Supplemental Declaration in Support of Defendant's Motion for Summary Judgement filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (SANER, KATELYN) (Entered: 01/30/2023)
2023-01-3047AFFIDAVIT of Katelyn Saner, AUSA filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A - ACLU v. ICE SDNY FOIA Request 10/3/2018, # 2 Exhibit B - ICE Production Cover Letter 1/27/2023)(SANER, KATELYN) (Entered: 01/30/2023)
2023-01-3048RESPONSE to Statement of Fact Defendant's Consolidated Response to Plaintiff's Statement of Undisputed Facts (ECF No. 40), Response to Plaintiff's Additional Facts (ECF No. 38) AND Defendant's Additional Facts with Statement of Additional Facts filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT. (SANER, KATELYN) (Entered: 01/30/2023)
2023-01-3049RESPONSE in Opposition re 39 Cross MOTION for Summary Judgment, REPLY to 36 MOTION for Summary Judgment filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT. Reply due by 2/13/2023. (SANER, KATELYN) Modified on 1/31/2023 to clean up docket text (tcs). (Entered: 01/30/2023)
2023-01-31Reset Deadlines as to 39 Cross MOTION for Summary Judgment : Reply due by 2/23/2023. (tcs) (Entered: 01/31/2023)
2023-02-1450REPLY to Response to Motion re 39 Cross MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, IMMIGRANT LEGAL ADVOCACY PROJECT, UNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC. (SOTOOHI, ANAHITA) (Entered: 02/14/2023)
2023-02-1451REPLY TO ADDITIONAL Statement of Fact filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, IMMIGRANT LEGAL ADVOCACY PROJECT, UNIVERSITY OF MAINE SCHOOL OF LAW REFUGEE AND HUMAN RIGHTS CLINIC. (Attachments: # 1 Affidavit Affidavit of Anahita Sotoohi)(SOTOOHI, ANAHITA) (Entered: 02/14/2023)
2023-03-2752REPORT AND RECOMMENDED DECISION re 36 MOTION for Summary Judgment , 39 Cross MOTION for Summary Judgment . Objections to R&R due by 4/10/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 03/27/2023)
2023-04-1253ORDER AFFIRMING RECOMMENDED DECISION adopting 52 REPORT AND RECOMMENDED DECISION re 36 MOTION for Summary Judgment , 39 Cross MOTION for Summary Judgment By JUDGE JOHN A. WOODCOCK, JR. (jad) (Entered: 04/12/2023)
2023-04-1254JUDGMENT By DEPUTY CLERK Joanne Deering. (jad) (Entered: 04/12/2023)
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