Skip to content

Case Detail

[Subscribe to updates]
Case TitleBlack Alliance for Just Immigration et al v. U.S. Immigration and Customs Enforcement et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2021cv06239
Date Filed2021-11-10
Date ClosedOpen
JudgeJudge William F. Kuntz, II
PlaintiffBlack Alliance for Just Immigration
PlaintiffAmerican Immigration Council
Case DescriptionBlack Alliance for Just Immigration and the American Immigration Council submitted eight FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the agency's use of force, solitary confinement, access to medical treatment and other conditions that impact Black immigrants in ICE detention. The requesters also sought a fee waiver for each request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, BAJI and AIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Department of Homeland Security
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-101COMPLAINT against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement filing fee $ 402, receipt number ANYEDC-15017556 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Black Alliance for Just Immigration, American Immigration Council. (Attachments: # 1 Ex. A (Adams Cty Corr. Ctr. FOIA Req.), # 2 Ex. B (Jackson Parish Corr. Ctr. FOIA Req.), # 3 Ex. C (LaSalle ICE Processing Ctr. FOIA Req.), # 4 Ex. D (Pine Prairie ICE Processing Ctr. FOIA Req.), # 5 Ex. E (Prairieland Detention Ctr. FOIA Req.), # 6 Ex. F (T. Don Hutto Res. Ctr. FOIA Req.), # 7 Ex. G (West Texas Detention Facility FOIA Req.), # 8 Ex. H (Winn Corr. Ctr. FOIA Req.)) (Nash, Lindsay) (Entered: 11/10/2021)
2021-11-102Proposed Summons.Civil Cover Sheet.. by American Immigration Council, Black Alliance for Just Immigration (Attachments: # 1 Proposed Summons (ICE), # 2 Proposed Summons (DHS)) (Nash, Lindsay) (Entered: 11/10/2021)
2021-11-103Corporate Disclosure Statement by American Immigration Council, Black Alliance for Just Immigration (Nash, Lindsay) (Entered: 11/10/2021)
2021-11-10Case Assigned to Judge William F. Kuntz, II. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 11/10/2021)
2021-11-104Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 DHS summons) (Bowens, Priscilla) (Entered: 11/10/2021)
2021-11-105In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 11/10/2021)
2021-11-106This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Main Document 6 replaced on 11/10/2021) (Bowens, Priscilla). (Entered: 11/10/2021)
2021-11-107First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15019509. by Black Alliance for Just Immigration. (Gurmu, Tsion) (Entered: 11/10/2021)
2021-11-188NOTICE by American Immigration Council, Black Alliance for Just Immigration Motion for Leave to Appear as Law Students (Attachments: # 1 Ex. A (Belsito Appearance Forms), # 2 Ex. B (Bloch Appearance Forms), # 3 Ex. C (Brocki Appearance Forms), # 4 Ex. D (Sorensen Appearance Forms)) (Nash, Lindsay) (Entered: 11/18/2021)
2021-11-239ORDER re 8 Notice of Motion for Leave to Appear as Law Students, filed by Black Alliance for Just Immigration, American Immigration Council. The application has been granted. So Ordered by Judge William F. Kuntz, II on 11/23/2021. (Herrera, Isaiah) (Entered: 11/23/2021)
2021-11-2910First MOTION to Appear Pro Hac Vice Emily Creighton Filing fee $ 150, receipt number ANYEDC-15065779. by American Immigration Council. (Attachments: # 1 Admission Information DC Certificate of Good Standing, # 2 Admission Information MD Certificate of Good Standing, # 3 Affidavit in Support Affidavit of Movant) (Creighton, Emily) (Entered: 11/29/2021)
2021-12-0211ORDER: The Motions to Appear Pro Hac Vice in the above-captioned case, at ECF Nos. 7 and 10, are incomplete and therefore DENIED with leave to refile. Should the parties have questions regarding the required supporting documents for motions to appear pro hac vice, they should contact the Eastern District of New York Intake/Attorney Admissions deputy clerk in the Clerks Office. So Ordered by Judge William F. Kuntz, II on 12/2/2021. (Herrera, Isaiah) (Entered: 12/03/2021)
2021-12-0712SUMMONS Returned Executed by Black Alliance for Just Immigration, American Immigration Council. U.S. Department of Homeland Security served on 11/17/2021, answer due 1/16/2022; U.S. Immigration and Customs Enforcement served on 11/17/2021, answer due 1/16/2022. (Nash, Lindsay) (Entered: 12/07/2021)
2021-12-0713Letter Regarding Proof of Service and Answer Date by American Immigration Council, Black Alliance for Just Immigration (Nash, Lindsay) (Entered: 12/07/2021)
2021-12-1314NOTICE of Appearance by Christopher Daniel Volpe on behalf of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (aty to be noticed) (Volpe, Christopher) (Entered: 12/13/2021)
2021-12-1515Consent MOTION for Extension of Time to File Answer by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Volpe, Christopher) (Entered: 12/15/2021)
2021-12-1616ORDER granting 15 Motion for Extension of Time to Answer re 15 Consent MOTION for Extension of Time to File Answer U.S. Department of Homeland Security answer due 2/18/2022; U.S. Immigration and Customs Enforcement answer due 2/18/2022. Ordered by Judge William F. Kuntz, II on 12/16/2021. (Herrera, Isaiah) (Entered: 12/16/2021)
2021-12-2317NOTICE of Appearance by Peter Markowitz on behalf of All Plaintiffs (aty to be noticed) (Markowitz, Peter) (Entered: 12/23/2021)
2022-02-1818ANSWER to 1 Complaint,, by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Volpe, Christopher) (Entered: 02/18/2022)
2023-05-1519First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16700345 by American Immigration Council. (Attachments: # 1 Affidavit in Support Affidavit in Support of Pro Hac Vice Motion, # 2 Exhibit A, # 3 Exhibit B) (Creighton, Emily) (Entered: 05/15/2023)
2023-06-2920REFERRAL ORDER, On May 15, 2023, attorney Emily Creighton filed a motion to appear pro hac vice in the above-captioned case. ECF No. 19. The Court respectfully REFERS the motion to the Honorable Magistrate Judge Sanket J. Bulsara. So Ordered by Judge William F. Kuntz, II on 6/29/2023. (TLH) (Entered: 06/29/2023)
2023-06-30ORDER: The Motion for Leave to Appear Pro Hac Vice 19 by attorney Emily Creighton is hereby granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Sanket J. Bulsara on 6/30/2023. (MD) (Entered: 06/30/2023)
2023-09-20SCHEDULING ORDER: An in-person status conference will take place on 10/23/2023 at 12:30 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. All parties must be present. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/20/2023. (EM) (Entered: 09/20/2023)
2023-09-2621STATUS REPORT ORDER: The Court ORDERS the parties in the above-captioned action to file a status report on ECF by Friday, October 13, 2023, at 5:00 P.M. The report shall apprise the Court of the present status of this action. Ordered by Judge William F. Kuntz, II on 9/26/2023. (IH) (Entered: 09/27/2023)
2023-10-1322NOTICE of Appearance by Stephanie Ellen Norton on behalf of All Plaintiffs (aty to be noticed) (Norton, Stephanie) (Entered: 10/13/2023)
2023-10-1323STATUS REPORT (Joint) by American Immigration Council, Black Alliance for Just Immigration (Attachments: # 1 Exhibit A (Excerpts from Production 15), # 2 Exhibit B (Excerpt from AIC FOIA), # 3 Exhibit C (Excerpts from Production 16)) (Norton, Stephanie) (Entered: 10/13/2023)
2023-10-1624MOTION to Withdraw as Attorney by American Immigration Council. (Creighton, Emily) (Entered: 10/16/2023)
2023-10-18ORDER: The Motion to Withdraw as Attorney 24 is hereby granted. Attorney Emily Creighton is removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/18/2023. (AL) (Entered: 10/18/2023)
2023-10-2025NOTICE by American Immigration Council, Black Alliance for Just Immigration Motion for Leave to Appear as Law Student (Norton, Stephanie) (Entered: 10/20/2023)
2023-10-23MINUTE ENTRY AND ORDER: A status conference was held on 10/23/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiffs (Stephanie Ellen Norton, Peter Markowitz, and law student Keisy Germosen) and counsel for Defendants (AUSA Christopher D. Volpe) were present. As stated on the record, the Court will hold an in-person status conference on 12/13/2023 at 4:30 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. In advance of the conference, the parties should meet and confer on any outstanding issues in the case. Plaintiffs shall submit a status report on the docket by 11/28/2023 , and Defendants shall submit their response by 12/6/2023 . The parties are encouraged to consider whether they will file a form 5 consenting to reassignment of this case to the undersigned Magistrate Judge for all purposes. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/23/2023. (FTR Log: 12:33 P.M. - 12:53 P.M.) (AL) (Entered: 10/23/2023)
2023-11-2826STATUS REPORT by American Immigration Council, Black Alliance for Just Immigration (Attachments: # 1 Exhibit A (Declaration of David Hausman in ACLU v. ICE)) (Norton, Stephanie) (Entered: 11/28/2023)
2023-12-0627STATUS REPORT and letter motion for adjournment of December 13, 2023 status conference by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Volpe, Christopher) (Entered: 12/06/2023)
2023-12-07ORDER: The request to adjourn the status conference 27 is hereby granted. The status conference scheduled for 12/13/2023 will now be held on 1/24/2024 at 4:30 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/7/2023. (AL) (Entered: 12/07/2023)
2023-12-2728Consent MOTION to Adjourn Conference by American Immigration Council, Black Alliance for Just Immigration. (Norton, Stephanie) (Entered: 12/27/2023)
2023-12-31ORDER: The motion to adjourn the status conference 28 is granted. The status conference scheduled for 1/24/2024 will now be held on 2/5/2024 at 11:00 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/31/2023. (AL) (Entered: 12/31/2023)
2024-01-1029NOTICE of Appearance by Nicole M. Zito on behalf of U.S. Immigration and Customs Enforcement, United States Department of Homeland Security (aty to be noticed) (Zito, Nicole) (Entered: 01/10/2024)
2024-01-1030STATUS REPORT re: declaration addressed to Magistrate Judge Bulsara by U.S. Immigration and Customs Enforcement, United States Department of Homeland Security (Zito, Nicole) (Entered: 01/10/2024)
2024-01-1031MOTION to Withdraw as Attorney by U.S. Immigration and Customs Enforcement, United States Department of Homeland Security. (Volpe, Christopher) (Entered: 01/10/2024)
2024-01-10ORDER granting 31 Motion to Withdraw as Attorney. Attorney Christopher D. Volpe terminated. So Ordered by Judge William F. Kuntz, II on 1/10/2024. (Kuntz, William) (Entered: 01/10/2024)
2024-01-1132REPLY in Opposition re 30 Status Report filed by All Plaintiffs. (Norton, Stephanie) (Entered: 01/11/2024)
2024-01-16ORDER: In light of Plaintiffs' reply 32 , the Court declines, having not previously set such a deadline, to set deadlines for declarations or affidavits regarding the data the parties intend to exchange. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/16/2024. (AL) (Entered: 01/16/2024)
2024-01-2633DECLARATION of Christopher Purfeerst re: the Joint Integrity Case Management System by U.S. Immigration and Customs Enforcement, United States Department of Homeland Security (Zito, Nicole) (Entered: 01/26/2024)
2024-02-01RE-SCHEDULING ORDER: Due to a conflict in the Court's calendar the in-person status conference scheduled for 2/5/2024 is adjourned to 2/8/2024 at 12:00 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/1/2024. (EM) Modified on 2/1/2024 (EM). (Entered: 02/01/2024)
2024-02-0734STATUS REPORT by American Immigration Council, Black Alliance for Just Immigration (Norton, Stephanie) (Entered: 02/07/2024)
2024-02-08MINUTE ENTRY AND ORDER: A status conference was held on 2/8/2024 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiffs (Stephanie Ellen Norton, Lindsay Nash, and law student Keisy Germosen) and counsel for Defendants (AUSA Nicole M. Zito) were present. As stated on the record, the parties shall submit a joint proposed discovery schedule by 2/15/2024 , which shall include dates for the completion of all discovery and for the last day to take the first step in dispositive motion practice. The parties shall also include in such letter proposed briefing dates for Plaintiffs' anticipated motion to compel. The parties are encouraged to consider whether they will file a form 5 consenting to reassignment of this case to the undersigned Magistrate Judge for all purposes. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/8/2024. (FTR Log: 12:22 P.M. - 12:36 P.M.) (AL) (Entered: 02/08/2024)
2024-02-1535REPORT of Rule 26(f) Planning Meeting (Norton, Stephanie) (Entered: 02/15/2024)
2024-02-20ORDER: The Court adopts the briefing deadlines for Plaintiff's anticipated motion to compel 35 . Plaintiffs shall serve their motion to compel by 4/4/2024 ; Defendants shall serve their opposition by 5/23/2024 ; Plaintiffs shall serve their reply in further support of their motion by 6/17/2024 . The parties should serve the papers on each other by these deadlines, but only file them on the Court's docket on 6/17/2024 following service of all briefs. The Court extends deadline to complete all discovery to 12/1/2024 . The parties may apply for another extension at that time, by providing a status report on the status of production. The Court will hold an in-person status conference on 10/17/2024 at 11:00 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/20/2024. (AL) (Entered: 02/20/2024)
2024-04-0236Consent MOTION for Leave to File Excess Pages or to Clarify Page Limits by American Immigration Council, Black Alliance for Just Immigration. (Norton, Stephanie) (Entered: 04/02/2024)
2024-04-04ORDER: The motion for leave to file excess pages 36 is granted in part and denied in part. Plaintiffs' memorandum in support of their motion to compel, and Defendants' opposition memorandum, shall each be no more than 15 pages . Plaintiffs' reply memorandum shall be no more than 5 pages . So Ordered by Magistrate Judge Sanket J. Bulsara on 4/4/2024. (AL) (Entered: 04/04/2024)
2024-04-0437NOTICE by American Immigration Council, Black Alliance for Just Immigration Motion for Leave to Appear as Law Student (Attachments: # 1 Exhibit A (Moses Appearance Forms), # 2 Exhibit B (Cook Appearance Forms)) (Norton, Stephanie) (Entered: 04/04/2024)
2024-05-2038NOTICE of Appearance by Elizabeth Wu on behalf of All Plaintiffs (aty to be noticed) (Wu, Elizabeth) (Entered: 05/20/2024)
2024-05-2039Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Compel from May 23 to May 30 by U.S. Immigration and Customs Enforcement, United States Department of Homeland Security. (Zito, Nicole) (Entered: 05/20/2024)
2024-05-22ORDER: The Motion for Extension of Time to File Response/Reply 39 is granted. Defendants shall file their opposition to Plaintiffs' motion to compel by 5/30/2024 . Plaintiffs shall serve their reply in further support of their motion by 6/24/2024 . The parties should serve the papers on each other by these deadlines, but only file them on the Court's docket on 6/24/2024 following service of all briefs. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/22/2024. (AL) (Entered: 05/22/2024)
2024-06-2440MOTION to Compel by American Immigration Council, Black Alliance for Just Immigration. (Attachments: # 1 Memorandum in Support of Motion to Compel, # 2 Declaration of Stephanie E. Norton, # 3 Exhibit A to Norton Declaration (LESA Spreadsheets), # 4 Exhibit B to Norton Declaration (OPR Spreadsheet), # 5 Exhibit C to Norton Declaration (Winn Spreadsheets), # 6 Declaration of Dr. Eugene Wu, # 7 Exhibit A to Wu Declaration (Python Program), # 8 Exhibit B to Wu Declaration (DHS Program), # 9 Exhibit C to Wu Declaration (Excel Program), # 10 Exhibit D to Wu Declaration (CV)) (Norton, Stephanie) (Entered: 06/24/2024)
2024-06-2441MEMORANDUM in Opposition re 40 MOTION to Compel filed by U.S. Immigration and Customs Enforcement, United States Department of Homeland Security. (Attachments: # 1 Declaration of Christopher Purfeerst (originally filed at ECF 33) in Opposition to Plaintiffs' Motion to Compel 40 , # 2 Declaration of Richard J. Clark in Opposition to Plaintiffs Motion to Compel 40 , # 3 Declaration of Indalecio Ramos in Opposition to Plaintiffs' Motion to Compel 40 ) (Zito, Nicole) (Entered: 06/24/2024)
2024-06-2442REPLY in Support re 40 MOTION to Compel filed by American Immigration Council, Black Alliance for Just Immigration. (Attachments: # 1 Declaration of Lindsay Nash, # 2 Exhibit A to Nash Declaration (OPR Spreadsheet Excerpts), # 3 Exhibit B to Nash Declaration (ACLU Vassilio-Diaz Decl.), # 4 Exhibit C to Nash Declaration (ACLU Supp. Vassilio-Diaz Decl.), # 5 Exhibit D to Nash Declaration (ICE Office of Info. Gov. & Privacy), # 6 Exhibit E to Nash Declaration (ICE Org. Structure), # 7 Declaration of Dr. Eugene Wu (Second), # 8 Exhibit A to Second Wu Declaration (Updated Python Program), # 9 Exhibit B to Second Wu Declaration (Updated Excel Program), # 10 Declaration of Abraham Paulos, # 11 Declaration of Dara Lind) (Norton, Stephanie) (Entered: 06/24/2024)
2024-08-13SCHEDULING ORDER: An in-person status conference will take place on 8/21/2024 at 3:00 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. The purpose of the status conference is to discuss the procedural posture of the motion to compel, and specifically, why the relief sought is appropriate for a discovery motion, instead of a motion for summary judgment. In that regard, the Court notes that ACLU v. ICE , 58 F.4th 643 (2d Cir. 2023), which is central to the motion here, was decided following summary judgment, and also that discovery in a FOIA action is extremely limited, and is permissible only with regard to the scope of the agency's search, its indexing and classification procedures, and other related factual matters. Katzman v. Freeh, 926 F. Supp. 316, 31920 (E.D.N.Y. 1996). So Ordered by Magistrate Judge Sanket J. Bulsara on 8/13/2024. (EM) (Entered: 08/13/2024)
2024-08-1443Consent MOTION to Adjourn Conference by American Immigration Council, Black Alliance for Just Immigration. (Norton, Stephanie) (Entered: 08/14/2024)
2024-08-15ORDER: The Motion to Adjourn Conference 43 is granted. The status conference originally scheduled for 8/21/2024 will now be held on 9/10/2024 at 11:30 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/15/2024. (AL) (Entered: 08/15/2024)
2024-09-10MINUTE ENTRY & ORDER: A status conference was held on 9/10/2024 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiffs (Robert Cook, Stephanie Norton, and Peter Markowitz) and counsel for Defendants (Nicole M. Zito) were present. As discussed, the motion to compel 40 is denied without prejudice to renewal. The deadline for the completion of production is 9/30/2025 . The status conference currently scheduled for 10/17/2024 is adjourned sine die . (FTR Log #11:43-12:04.)So Ordered by Magistrate Judge Sanket J. Bulsara on 9/10/2024. (MEG) (Entered: 09/12/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar