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Case TitleAMERICAN IMMIGRATION COUNCIL et al v. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01952
Date Filed2023-07-06
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffAMERICAN IMMIGRATION COUNCIL
PlaintiffCAPITAL AREA IMMIGRANTS' RIGHTS COALITION
Case DescriptionAmerican Immigration Council and the Capital Area Immigrants Rights Coalition submitted FOIA requests to the Executive Office for Immigration Review for records concerning how EOIR's deals with immigration review appeals. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantEXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-07-061COMPLAINT against EXECUTIVE OFFICE FOR IMMIGRATION REVIEW ( Filing fee $ 402 receipt number ADCDC-10186758) filed by AMERICAN IMMIGRATION COUNCIL, CAPITAL AREA IMMIGRANTS' RIGHTS COALITION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons Defendant, # 5 Summons US Attorney's Office, # 6 Summons Attorney General)(Creighton, Emily) (Entered: 07/06/2023)
2023-07-062NOTICE of Appearance by Emily Creighton on behalf of All Plaintiffs (Creighton, Emily) (Entered: 07/06/2023)
2023-07-063LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN IMMIGRATION COUNCIL (Creighton, Emily) (Entered: 07/06/2023)
2023-07-064LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION (Creighton, Emily) (Entered: 07/06/2023)
2023-07-075MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Raul A. Pinto, Filing fee $ 100, receipt number ADCDC-10188062. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Creighton, Emily) (Entered: 07/07/2023)
2023-07-07Case Assigned to Judge Rudolph Contreras. (zcb) (Entered: 07/07/2023)
2023-07-076SUMMONS (3) Issued Electronically as to EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 07/07/2023)
2023-07-247ENTERED IN ERROR.....CERTIFICATE OF SERVICE by AMERICAN IMMIGRATION COUNCIL, CAPITAL AREA IMMIGRANTS' RIGHTS COALITION . (Attachments: # 1 Exhibit A)(Creighton, Emily) Modified on 7/26/2023 (ztth). (Entered: 07/24/2023)
2023-07-26NOTICE OF ERROR regarding 7 Certificate of Service. The following error(s) need correction: Incorrect event. The correct event is under "Service of Process - Summons Returned Executed." Please refile. (ztth) (Entered: 07/26/2023)
2023-07-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW served on 7/17/2023 (Attachments: # 1 Exhibit A)(Creighton, Emily) Modified party served on 7/31/2023 (znmw). (Entered: 07/28/2023)
2023-07-289RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/17/2023. (Attachments: # 1 Exhibit A)(Creighton, Emily) (Entered: 07/28/2023)
2023-07-2810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/17/2023. Answer due for ALL FEDERAL DEFENDANTS by 8/16/2023. (Attachments: # 1 Exhibit A)(Creighton, Emily) (Entered: 07/28/2023)
2023-08-02MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice : Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Raul A. Pinto is admitted to represent Plaintiffs AMERICAN IMMIGRATION COUNCIL and CAPITAL AREA IMMIGRANTS' RIGHTS COALITION pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions SO ORDERED. Signed by Judge Rudolph Contreras on 8/2/2023. (lcrc1) (Entered: 08/02/2023)
2023-08-1411Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/14/2023)
2023-08-14MINUTE ORDER granting 11 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant's Answer or other response to Plaintiffs' Complaint is due on or before September 15, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 8/14/2023. (lcrc1) (Entered: 08/14/2023)
2023-08-2812NOTICE of Appearance by Raul A. Pinto on behalf of All Plaintiffs (Pinto, Raul) (Entered: 08/28/2023)
2023-09-1513ANSWER to Complaint by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW.(Simon, Jeremy) (Entered: 09/15/2023)
2023-09-15MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before September 29, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 9/15/2023. (lcrc1) (Entered: 09/15/2023)
2023-09-2814ANSWER to Complaint (Amended Answer to Complaint) by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Attachments: # 1 Redlined version of Amended Answer)(Simon, Jeremy); Modified text at the request of counsel on 9/28/2023 (ztth). (Entered: 09/28/2023)
2023-09-2915Joint STATUS REPORT by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Simon, Jeremy) (Entered: 09/29/2023)
2023-09-29MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before November 15, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 9/29/2023. (lcrc1) (Entered: 09/29/2023)
2023-10-1916NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION COUNCIL. Attorney Emily Creighton terminated. (Creighton, Emily) (Entered: 10/19/2023)
2023-11-1517Joint STATUS REPORT by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Simon, Jeremy) (Entered: 11/15/2023)
2023-11-15MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 13, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 11/15/2023. (lcrc1) (Entered: 11/15/2023)
2024-02-1318Joint STATUS REPORT by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Simon, Jeremy) (Entered: 02/13/2024)
2024-02-13MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 14, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 2/13/2024. (lcrc1) (Entered: 02/13/2024)
2024-03-1419Joint STATUS REPORT by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Simon, Jeremy) (Entered: 03/14/2024)
2024-03-14MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before May 21, 2024; Plaintiffs' opposition and cross-motion for summary judgment shall be filed on or before June 20, 2024; Defendant's reply and opposition to Plaintiff's cross-motion for summary judgment shall be filed on or before July 18, 2024; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before August 2, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 3/14/2024. (lcrc1) (Entered: 03/14/2024)
2024-04-3020NOTICE of Appearance by Chris Opila on behalf of All Plaintiffs (Opila, Chris) (Entered: 04/30/2024)
2024-05-1721Consent MOTION for Extension of Time to File Motion for Summary Judgment by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/17/2024)
2024-05-19MINUTE ORDER granting 21 Defendant's Consent Motion for Extension of Time. It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before June 20, 2024; Plaintiffs' opposition and cross-motion for summary judgment shall be filed on or before July 23, 2024; Defendant's reply and opposition to Plaintiff's cross-motion for summary judgment shall be filed on or before August 23, 2024; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before September 10, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 5/19/2024. (lcrc1) (Entered: 05/19/2024)
2024-06-1922MOTION for Extension of Time to File Motion for Summary Judgment (Partially Opposed) by EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/19/2024)
2024-06-20MINUTE ORDER granting in part 22 Defendant's Partially Opposed Motion for Extension of Time. It is hereby ORDERED that, in light of Plaintiffs' consent to a 30-day extension of the deadlines established by the Court's May 19, 2024 Minute Order, the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before July 22, 2024; Plaintiffs' opposition and cross-motion for summary judgment shall be filed on or before August 22, 2024; Defendant's reply and opposition to Plaintiffs' cross-motion for summary judgment shall be filed on or before September 23, 2024; and Plaintiffs' reply in support of cross-motion for summary judgment shall be filed on or before October 10, 2024. The Court is willing to consider an extension of an additional 30 days depending on the actual results of Defendant's new search. SO ORDERED. Signed by Judge Rudolph Contreras on 6/20/2024. (lcrc1) (Entered: 06/20/2024)
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