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Case TitleINSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION v. U.S. CITIZENSHIP & IMMIGRATION SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01532
Date Filed2021-06-07
Date Closed2021-10-13
JudgeJudge Carl J. Nichols
PlaintiffINSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION
Case DescriptionThe Institute for Constitutional Advocacy and Protection submitted a FOIA request for records concerning the effect of the Public Charge Rule on asylum applications. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. CITIZENSHIP & IMMIGRATION SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-071COMPLAINT against U.S. CITIZENSHIP & IMMIGRATION SERVICES ( Filing fee $ 402 receipt number ADCDC-8507181) filed by INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - USCIS Acknowledgement, # 3 Exhibit C - FOIA Status, # 4 Civil Cover Sheet, # 5 Summons USCIS, # 6 Summons USAO, # 7 Summons U.S. Attorney General)(McCord, Mary) (Attachment 4 replaced on 6/21/2021) (znmw). (Entered: 06/07/2021)
2021-06-072MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan L. Backer, Filing fee $ 100, receipt number ADCDC-8507311. Fee Status: Fee Paid. by INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION. (Attachments: # 1 Exhibit A - Backer Declaration, # 2 Text of Proposed Order)(McCord, Mary) (Entered: 06/07/2021)
2021-06-07Case Assigned to Judge Carl J. Nichols. (adh, ) (Entered: 06/07/2021)
2021-06-073SUMMONS (3) Issued Electronically as to U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 06/07/2021)
2021-06-094RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/8/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/8/2021. (McCord, Mary) (Entered: 06/09/2021)
2021-06-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/14/21. (Attachments: # 1 Exhibit USPS Tracking)(McCord, Mary) (Entered: 06/16/2021)
2021-06-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 6/10/2021 (Attachments: # 1 Exhibit USPS Tracking)(McCord, Mary) (Entered: 06/16/2021)
2021-06-23MINUTE ORDER. The Court having considered Plaintiff's 2 Motion For Admission Pro Hac Vice of Jonathan L. Backer, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Jonathan L. Backer is ADMITTED to practice before the Court pro hac vice . Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Carl J. Nichols on June 23, 2021. (lccjn1) (Entered: 06/23/2021)
2021-06-247NOTICE of Appearance by Jonathan L. Backer on behalf of INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION (Backer, Jonathan) (Main Document 7 replaced on 6/25/2021) (zeg). (Entered: 06/24/2021)
2021-07-088NOTICE of Appearance by Paul Cirino on behalf of U.S. CITIZENSHIP & IMMIGRATION SERVICES (Cirino, Paul) (Entered: 07/08/2021)
2021-07-089ANSWER to Complaint by U.S. CITIZENSHIP & IMMIGRATION SERVICES.(Cirino, Paul) (Entered: 07/08/2021)
2021-08-30MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before October 11, 2021. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs request[s] and any discussions regarding whether Plaintiffs request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 30, 2021. (lccjn1) (Entered: 08/30/2021)
2021-08-30Set/Reset Deadlines: Joint Status Report due by 10/11/2021. (zcal) (Entered: 09/01/2021)
2021-10-0810STIPULATION of Dismissal by INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION. (McCord, Mary) (Entered: 10/08/2021)
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by FOIA Project Staff
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