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Case TitleFEDERATION FOR AMERICAN IMMIGRATION REFORM v. UNITED STATES CUSTOMS AND BORDER PROTECTION, et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00709
Date Filed2022-03-15
Date ClosedOpen
JudgeMagistrate Judge Zia M. Faruqui
PlaintiffFEDERATION FOR AMERICAN IMMIGRATION REFORM
Case DescriptionThe Federation for American Immigration Reform submitted a FOIA request to U.S. Customs and Border Protection for records concerning the number of illegal aliens who entered the country with COVID-19. The agency acknowledged receipt of the request. The agency responded to the request by referring FAIR to its website. FAIR then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION Office of Chief Counsel
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY Office of the General Counsel
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-151COMPLAINT against FEDERATION FOR AMERICAN IMMIGRATION REFORM ( Filing fee $ 402 receipt number ADCDC-9104797) filed by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Notice and Consent)(Miano, John) (Entered: 03/15/2022)
2022-03-15Case Assigned to Judge Trevor N. McFadden. (zmh) (Entered: 03/15/2022)
2022-03-15NOTICE OF ERROR re 1 Complaint; emailed to miano@colosseumbuilders.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmh, ) (Entered: 03/15/2022)
2022-03-152REQUEST FOR SUMMONS TO ISSUE filed by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Miano, John) (Entered: 03/15/2022)
2022-03-163SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 03/16/2022)
2022-03-164STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 3/16/22. (lctnm3) (Entered: 03/16/2022)
2022-04-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/31/2021. (Miano, John) (Entered: 04/22/2022)
2022-04-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/31/2022. Answer due for ALL FEDERAL DEFENDANTS by 4/30/2022. (Miano, John) (Entered: 04/22/2022)
2022-04-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 3/30/2022 (Miano, John) (Entered: 04/22/2022)
2022-04-228RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 3/30/2022 (Miano, John) (Entered: 04/22/2022)
2022-05-029NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 05/02/2022)
2022-05-0210ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Oblea, Erika) (Entered: 05/02/2022)
2022-05-03MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 3, 2022. Signed by Judge Trevor N. McFadden on 5/3/2022. (lctnm3) (Entered: 05/03/2022)
2022-05-0311Consent to Proceed before US Magistrate Judge for All Purposes by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.. (Oblea, Erika) (Entered: 05/03/2022)
2022-05-03Set/Reset Deadlines: Joint Status Report due by 6/3/2022. (hmc) (Entered: 05/03/2022)
2022-05-03MINUTE ORDER REFERRING CASE to a Magistrate Judge, to be assigned at random by the Clerk's Office, for all purposes, pursuant to the parties' consent to that assignment as stated in their 11 Joint Notice of Consent to Assignment to a Magistrate Judge. See LCvR 73.1(a). SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2022. (lctnm3) (Entered: 05/03/2022)
2022-05-03CASE RANDOMLY REFERRED to Magistrate Judge Zia M. Faruqui for all purposes. (zmh) (Entered: 05/05/2022)
2022-05-1712STANDING ORDER. This Order shall replace Judge McFadden's earlier Standing Order. Signed by Magistrate Judge Zia M. Faruqui on 5/17/2022. (lccr) (Entered: 05/17/2022)
2022-05-17MINUTE ORDER. It is hereby ORDERED that the parties shall meet and confer in accordance with Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure by June 1, 2022. No later than 14 days following said conference, the parties shall file a joint meet and confer report in accordance with Local Civil Rule 16.3(d), or a notice explaining why the case is exempt from such filing pursuant to Local Civil Rule 16.3(b). The Court will then set a scheduling conference unless the Court determines that such conference is unnecessary pursuant to Local Civil Rule 16.4. Signed by Magistrate Judge Zia M. Faruqui on 5/17/2022. (lccr) (Entered: 05/17/2022)
2022-06-1513Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 06/15/2022)
2022-06-27MINUTE ORDER. Upon consideration of the Parties' joint status report, it is hereby ORDERED that the Parties shall file another joint status report and proposal for further proceedings by August 15, 2022. Signed by Magistrate Judge Zia M. Faruqui on 06/27/2022. (lccr) (Entered: 06/27/2022)
2022-08-1514Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 08/15/2022)
2022-08-15MINUTE ORDER. Upon consideration of the Parties' joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by November 18, 2022. Signed by Magistrate Judge Zia M. Faruqui on 8/15/2022. (lccr) (Entered: 08/15/2022)
2022-11-1015NOTICE of Appearance by Ralph L. Casale on behalf of FEDERATION FOR AMERICAN IMMIGRATION REFORM (Casale, Ralph) (Entered: 11/10/2022)
2022-11-1816Unopposed MOTION for Extension of Time to File Joint Status Report by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 11/18/2022)
2022-11-22MINUTE ORDER granting, nunc pro tunc , Plaintiff's unopposed 16 Motion for Extension of Time. The parties shall file a joint status report by no later than November 30, 2022. This order is effective as of November 18, 2022. Signed by Magistrate Judge Zia M. Faruqui on 11/22/2022. (lcoh) (Entered: 11/22/2022)
2022-11-3017Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 11/30/2022)
2022-11-30MINUTE ORDER Upon consideration of the Parties' 17 joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by February 16, 2023. Signed by Magistrate Judge Zia M. Faruqui on 11/30/22. (lcoh) (Entered: 11/30/2022)
2022-12-0818NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERATION FOR AMERICAN IMMIGRATION REFORM. Attorney Ralph L. Casale terminated. (Casale, Ralph) (Entered: 12/08/2022)
2023-02-1619Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 02/16/2023)
2023-02-16MINUTE ORDER Upon consideration of the Parties' 19 joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by May 16, 2023. Signed by Magistrate Judge Zia M. Faruqui on 2/16/2023. (lcoh) (Entered: 02/16/2023)
2023-05-1620Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 05/16/2023)
2023-05-16MINUTE ORDER. Upon consideration of the Parties' 20 joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by August 14, 2023. Signed by Magistrate Judge Zia M. Faruqui on 5/16/2023. (lcoh) (Entered: 05/16/2023)
2023-08-1421Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 08/14/2023)
2023-08-14MINUTE ORDER. Upon consideration of the Parties' 21 joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by November 13, 2023. Signed by Magistrate Judge Zia M. Faruqui on 8/14/2023. (lcoh) (Entered: 08/14/2023)
2023-11-1322Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 11/13/2023)
2023-11-13MINUTE ORDER. Upon consideration of the Parties' 22 joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by February 12, 2024. Signed by Magistrate Judge Zia M. Faruqui on November 13, 2023. (lcas) (Entered: 11/13/2023)
2023-11-2723NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 11/27/2023)
2024-01-1124NOTICE of Appearance by Matthew James O'Brien on behalf of FEDERATION FOR AMERICAN IMMIGRATION REFORM (O'Brien, Matthew) (Entered: 01/11/2024)
2024-02-1225Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 02/12/2024)
2024-02-12MINUTE ORDER. Upon consideration of the Parties' 25 joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by May 13, 2024. Signed by Magistrate Judge Zia M. Faruqui on February 12, 2024. (lcas) (Entered: 02/12/2024)
2024-03-0526NOTICE of Appearance by David Leon Jaroslav on behalf of FEDERATION FOR AMERICAN IMMIGRATION REFORM (Jaroslav, David) (Entered: 03/05/2024)
2024-05-1327Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 05/13/2024)
2024-05-13MINUTE ORDER. Upon consideration of the Parties' 27 joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by 8/12/2024. Signed by Magistrate Judge Zia M. Faruqui on May 13, 2024. (lcas) (Entered: 05/13/2024)
2024-05-2428NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Attorney Sean Michael Tepe terminated. (Tepe, Sean) (Entered: 05/24/2024)
2024-08-1229Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 08/12/2024)
2024-08-12MINUTE ORDER. Upon consideration of the Parties' 29 joint status report, it is ORDERED that the Parties shall file another joint status report and proposal for further proceedings by 11/12/2024. Signed by Magistrate Judge Zia M. Faruqui on August 12, 2024. (lcas) (Entered: 08/12/2024)
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