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Case TitleAmerican Immigration Council et al v. U.S. Citizenship and Immigration Services et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv05312
Date Filed2022-06-23
Date Closed2024-04-04
JudgeJudge Ronnie Abrams
PlaintiffAmerican Immigration Council
PlaintiffInternational Refugee Assistance Project
Case DescriptionThe American Immigration Council and the International Refugee Assistance Project submitted FOIA requests to U.S. Citizenship and Immigration Services for records concerning the processing of humanitarian parole for Afghan nationals since January 2021. AIC and IRAP also requested expedited processing. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AIC and IRAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Citizenship and Immigration Services
DefendantU.S. 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
Complaint attachment 9
Opinion/Order [25]
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-231COMPLAINT against U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-26322261)Document filed by American Immigration Council, International Refugee Assistance Project. (Attachments: # 1 Exhibit A - IRAP's October 26, 2021 Request, # 2 Exhibit B - USCIS' October 27, 2021 Letter, # 3 Exhibit C - January 24, 2022 Appeal, # 4 Exhibit D - USCIS' February 10, 2022 Decision, # 5 Exhibit E - Plaintiffs' March 15, 2022 Request, # 6 Exhibit F - USCIS' March 16, 2022 Letter, # 7 Exhibit G - Plaintiffs' March 30, 2022 Letter, # 8 Exhibit H - USCIS' March 30, 2022 Denial, # 9 Exhibit I - Plaintiffs' April 20, 2022 Appeal).(Kessler, Jeffrey) (Entered: 06/23/2022)
2022-06-232CIVIL COVER SHEET filed..(Kessler, Jeffrey) (Entered: 06/23/2022)
2022-06-233RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Immigration Council..(Kessler, Jeffrey) (Entered: 06/23/2022)
2022-06-234RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Refugee Assistance Project..(Kessler, Jeffrey) (Entered: 06/23/2022)
2022-06-235REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: 1 Complaint,,,. Document filed by American Immigration Council, International Refugee Assistance Project..(Kessler, Jeffrey) (Entered: 06/23/2022)
2022-06-236REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,,,. Document filed by American Immigration Council, International Refugee Assistance Project..(Kessler, Jeffrey) (Entered: 06/23/2022)
2022-06-237NOTICE OF APPEARANCE by Jeffrey J. Amato on behalf of American Immigration Council, International Refugee Assistance Project..(Amato, Jeffrey) (Entered: 06/23/2022)
2022-06-238NOTICE OF APPEARANCE by Kerry Donovan on behalf of American Immigration Council, International Refugee Assistance Project..(Donovan, Kerry) (Entered: 06/23/2022)
2022-06-239NOTICE OF APPEARANCE by Gabriela Beata Wolk on behalf of American Immigration Council, International Refugee Assistance Project..(Wolk, Gabriela) (Entered: 06/23/2022)
2022-06-2310NOTICE OF APPEARANCE by Raul A. Pinto on behalf of American Immigration Council, International Refugee Assistance Project..(Pinto, Raul) (Entered: 06/23/2022)
2022-06-2411MOTION for Emily Creighton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26324437. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Council, International Refugee Assistance Project. (Attachments: # 1 Affidavit (Declaration) of Emily Creighton, with Certificates, # 2 Text of Proposed Order - Order for Admission Pro Hac Vice).(Creighton, Emily) (Entered: 06/24/2022)
2022-06-24***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey J. Amato. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (jgo) (Entered: 06/24/2022)
2022-06-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(jgo) (Entered: 06/24/2022)
2022-06-24Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 06/24/2022)
2022-06-24Case Designated ECF. (jgo) (Entered: 06/24/2022)
2022-06-2412ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security..(gp) (Entered: 06/24/2022)
2022-06-2413ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship and Immigration Services..(gp) (Entered: 06/24/2022)
2022-06-2414ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 8/26/2022 at 4:45 PM before Judge Ronnie Abrams. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/24/2022) (vfr) (Entered: 06/24/2022)
2022-06-27>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Emily Creighton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26324437. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sgz) (Entered: 06/27/2022)
2022-06-2715ORDER granting 11 Motion for Emily Creighton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc) (Entered: 06/27/2022)
2022-06-2816NOTICE OF APPEARANCE by Jay Wexler on behalf of American Immigration Council, International Refugee Assistance Project..(Wexler, Jay) (Entered: 06/28/2022)
2022-06-2817CERTIFICATE OF SERVICE of Summons and Complaint,,,. U.S. Citizenship and Immigration Services served on 6/27/2022, answer due 7/18/2022; U.S. Department of Homeland Security served on 6/27/2022, answer due 7/18/2022. Service was made by Certified Mail. Document filed by American Immigration Council; International Refugee Assistance Project..(Wexler, Jay) (Entered: 06/28/2022)
2022-06-2818CERTIFICATE OF SERVICE of Order and Notice of Initial Conference served on Defendants U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security on 06/27/2022. Service was made by Certified Mail. Document filed by American Immigration Council, International Refugee Assistance Project..(Wexler, Jay) (Entered: 06/28/2022)
2022-07-2619CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint,,, by one month to August 29, 2022 addressed to Judge Ronnie Abrams from Peter Aronoff dated 7/26/2022. Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Aronoff, Peter) (Entered: 07/26/2022)
2022-07-2820ORDER granting 19 Letter Motion for Extension of Time to Answer re 19 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, by one month to August 29, 2022 addressed to Judge Ronnie Abrams from Peter Aronoff dated 7/26/2022. Application granted. SO ORDERED. U.S. Citizenship and Immigration Services answer due 8/29/2022; U.S. Department of Homeland Security answer due 8/29/2022 (Signed by Judge Ronnie Abrams on 7/28/2022) (jca) (Entered: 07/28/2022)
2022-08-1921JOINT PRE-CONFERENCE STATEMENT in advance of the August 26, 2022 Initial Pretrial Conference . Document filed by American Immigration Council, International Refugee Assistance Project..(Wexler, Jay) (Entered: 08/19/2022)
2022-08-2222MEMO ENDORSEMENT on re: 21 Pre-Conference Statement filed by International Refugee Assistance Project, American Immigration Council. ENDORSEMENT: Application granted. The status conference presently scheduled for August 26, 2022 is hereby rescheduled to October 21, 2022 at 11:30 a.m. The joint status letter is due October 14, 2022. ( Initial Conference set for 10/21/2022 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 8/22/2022) (tro) (Entered: 08/23/2022)
2022-10-1223NOTICE OF APPEARANCE by Amanda M Lee on behalf of U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 10/12/2022)
2022-10-1224LETTER MOTION to Adjourn Conference and for extension of time to file answer addressed to Judge Ronnie Abrams from Amanda Lee dated 10/12/2022. Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 10/12/2022)
2022-10-1325ORDER granting 24 Letter Motion to Adjourn Conference. Application granted. The initial pretrial conference shall now be held on December 19, 2022 at 2:00 p.m., with a joint status letter due no later than December 13, 2022. The deadline for the government to respond to the Complaint is extended to December 12, 2022. Initial Conference set for 12/19/2022 at 02:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 10/13/2022) (ate) (Entered: 10/13/2022)
2022-10-13Set/Reset Deadlines: U.S. Citizenship and Immigration Services answer due 12/12/2022; U.S. Department of Homeland Security answer due 12/12/2022. (ate) (Entered: 10/13/2022)
2022-12-0926JOINT LETTER MOTION to Adjourn Conference , extend time to file Answer, and provide status update addressed to Judge Ronnie Abrams from Amanda Lee dated 12/9/2022. Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 12/09/2022)
2022-12-1227ORDER granting 26 Letter Motion to Adjourn Conference. Application granted. The initial pretrial conference is adjourned to June 2, 2023 at 3:00 p.m.; Call-In Number: (888) 363-4749; Access Code: 1015508#. The parties shall submit a proposed case management plan and a joint letter one week prior to the conference. SO ORDERED.. (Signed by Judge Ronnie Abrams on 12/12/2022) Initial Conference set for 6/2/2023 at 03:00 PM before Judge Ronnie Abrams. (ks) (Entered: 12/12/2022)
2023-01-2028LETTER addressed to Judge Ronnie Abrams from Jay R. Wexler dated January 20, 2023 re: Withdrawal as counsel. Document filed by American Immigration Council, International Refugee Assistance Project..(Wexler, Jay) (Entered: 01/20/2023)
2023-01-2329MEMO ENDORSEMENT on re: 28 Letter filed by International Refugee Assistance Project, American Immigration Council. ENDORSEMENT: Application granted. SO ORDERED. Attorney Jay Wexler terminated. (Signed by Judge Ronnie Abrams on 1/23/2023) (ate) (Entered: 01/23/2023)
2023-05-2530JOINT LETTER addressed to Judge Ronnie Abrams from Jeffrey L. Kessler and Amanda Lee dated May 25, 2023 re: December 12, 2022 Order (Dkt. No. 27). Document filed by American Immigration Council, International Refugee Assistance Project..(Kessler, Jeffrey) (Entered: 05/25/2023)
2023-05-2631MEMO ENDORSEMENT on re: 30 Letter December 12, 2022 Order (Dkt. No. 27, filed by International Refugee Assistance Project, American Immigration Council. ENDORSEMENT : Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/26/23) (yv) (Entered: 05/26/2023)
2023-08-0432JOINT LETTER addressed to Judge Ronnie Abrams from Jeffrey L. Kessler and Amanda Lee dated August 4, 2023 re: Status update pursuant to May 26, 2023 Order (Dkt. No. 31). Document filed by American Immigration Council, International Refugee Assistance Project..(Kessler, Jeffrey) (Entered: 08/04/2023)
2023-08-0733MEMO ENDORSEMENT: on re: 32 Letter filed by International Refugee Assistance Project, American Immigration Council. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/07/2023) (ama) (Entered: 08/07/2023)
2023-09-1834JOINT LETTER addressed to Judge Ronnie Abrams from Amanda Lee and Jeffrey Kessler dated 09/18/2023 re: Status Update Pursuant to Court's Order (ECF 33). Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 09/18/2023)
2023-09-1935MEMO ENDORSEMENT on re: 34 Letter, filed by U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/19/2023) (ate) (Entered: 09/19/2023)
2023-10-1636LETTER addressed to Judge Ronnie Abrams from Emily Creighton dated October 16, 2023 re: Withdrawal as counsel. Document filed by American Immigration Council..(Creighton, Emily) (Entered: 10/16/2023)
2023-10-1737MEMO ENDORSEMENT on re: 36 Letter filed by American Immigration Council. ENDORSEMENT: Application granted. SO ORDERED. Attorney Emily Creighton terminated. (Signed by Judge Ronnie Abrams on 10/17/2023) (ate) (Entered: 10/17/2023)
2023-11-0938JOINT LETTER addressed to Judge Ronnie Abrams from Amanda Lee and Jeffrey Kessler dated 11/09/2023 re: Status Update pursuant to Court's Order (ECF 35). Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 11/09/2023)
2023-11-1339MEMO ENDORSEMENT on re: 38 Letter, filed by U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/13/2023) (kv) (Entered: 11/13/2023)
2023-12-1540JOINT LETTER addressed to Judge Ronnie Abrams from Amanda Lee and Jeffrey Kessler dated 12/15/2023 re: Status Update pursuant to Court's Order (ECF 39). Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 12/15/2023)
2023-12-1841MEMO ENDORSEMENT on re: 40 Letter, filed by U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/18/2023) (ate) (Entered: 12/18/2023)
2024-01-2942JOINT LETTER addressed to Judge Ronnie Abrams from Amanda Lee and Jeffrey Kessler dated 01/29/2024 re: Status Update pursuant to Court's Order (ECF 41). Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 01/29/2024)
2024-01-3043MEMO ENDORSEMENT on re: 42 Letter, filed by U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/30/2024) (mml) (Entered: 01/30/2024)
2024-03-1444JOINT LETTER addressed to Judge Ronnie Abrams from Amanda Lee and Jeffrey Kessler dated 03/14/2024 re: Status Update pursuant to Court's Order (ECF 43). Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 03/14/2024)
2024-03-1545MEMO ENDORSEMENT on re: 44 Letter, filed by U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/15/2024) (mml) (Entered: 03/15/2024)
2024-04-0346PROPOSED STIPULATION AND ORDER. Document filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security..(Lee, Amanda) (Entered: 04/03/2024)
2024-04-0447STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED, AGREED, and ORDERED as follows: 1. Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, Defendants shall pay to Plaintiff AIC the sum of twelve thousand, four hundred and eighty dollars ($12,480) for attorneys' fees and litigation costs (the "Settlement Amount"). This payment shall constitute full and final satisfaction of any claims by Plaintiffs for attorneys' fees and litigation costs in this matter, and are inclusive of any interest. Payments shall be made by electronic funds transfer, and counsel for Plaintiffs will provide the necessary information to counsel for Defendants to effectuate the transfers. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/4/2024) (ate) Transmission to Finance Unit (Cashiers) for processing. (Entered: 04/04/2024)
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