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Case TitleRefugee and Immigrant Center for Education and Legal Services v. United States Immigration & Customs Enforcement
DistrictWestern District of Texas
CityAustin
Case Number1:2024cv00876
Date Filed2024-08-02
Date ClosedOpen
JudgeJudge Robert Pitman
PlaintiffRefugee and Immigrant Center for Education and Legal Services
also known as RAICES
Case DescriptionRefugee and Immigrant Center for Educational and Legal Services submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning Nylssa Krystella Portello Moreno. The agency acknowledged receipt of the request but after hearing nothing further from the agency, RAICES filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Immigration & Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-08-021COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-19058657). No Summons requested at this time, filed by Refugee and Immigrant Center for Education and Legal Services (RAICES). (Attachments: # 1 Exhibit Exhibits A-F for Complaint, # 2 Civil Cover Sheet, # 3 Supplement Attachment to Civil Cover Sheet)(Hidalgo, Javier) (Attachment 2 replaced on 8/2/2024 to flatten document) (kp). (Entered: 08/02/2024)
2024-08-022REQUEST FOR ISSUANCE OF SUMMONS by Refugee and Immigrant Center for Education and Legal Services (RAICES). (Hidalgo, Javier) (Entered: 08/02/2024)
2024-08-023REQUEST FOR ISSUANCE OF SUMMONS by Refugee and Immigrant Center for Education and Legal Services (RAICES). (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement)(Hidalgo, Javier) (Entered: 08/02/2024)
2024-08-024MOTION to Appear Pro Hac Vice by Javier O. Hidalgo ( Filing fee $ 100 receipt number ATXWDC-19059200) by on behalf of Refugee and Immigrant Center for Education and Legal Services (RAICES). (Hidalgo, Javier) (Entered: 08/02/2024)
2024-08-025MOTION to Appear Pro Hac Vice by Javier O. Hidalgo ( Filing fee $ 100 receipt number ATXWDC-19059238) by on behalf of Refugee and Immigrant Center for Education and Legal Services. (Hidalgo, Javier) (Entered: 08/02/2024)
2024-08-02Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kp) (Entered: 08/02/2024)
2024-08-02If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Mark Lane. (kp) (Entered: 08/02/2024)
2024-08-026Summons Issued as to United States Immigration & Customs Enforcement, U.S. Attorney and U.S. Attorney General. (kp) (Entered: 08/02/2024)
2024-08-057ORDER GRANTING 4 Motion to Appear Pro Hac Vice as to Katherine McNutt. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm) (Entered: 08/05/2024)
2024-08-058ORDER GRANTING 5 Motion to Appear Pro Hac Vice as to Timothy Chen Saulsbury. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm) (Entered: 08/05/2024)
2024-08-309Affidavit of Service; U.S. States Immigration & Customs Enforcement served on 8/9/2024; answer due on 10/8/2024 (Attachments: # 1 Exhibit)(Hidalgo, Javier) Modified on 8/30/2024 to add service and answer date (cnr). (Entered: 08/30/2024)
2024-09-0610ANSWER to 1 Complaint, . Attorney David B. Goode added to party United States Immigration & Customs Enforcement(pty:dft) by United States Immigration & Customs Enforcement.(Goode, David) (Entered: 09/06/2024)
2024-11-0511Joint MOTION to Extend Scheduling Order Deadlines by Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Proposed Order)(Mcnutt, Katherine) (Entered: 11/05/2024)
2024-11-06Text Order GRANTING 11 Motion to Extend Scheduling Order Deadlines entered by Judge Robert Pitman. IT IS ORDERED that the parties shall file a joint proposed scheduling order on or before November 8, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) (Entered: 11/06/2024)
2024-11-06Reset Deadlines: Proposed Scheduling Order due by 11/8/2024. (dm) (Entered: 11/06/2024)
2024-11-0812STATUS REPORT and Proposed Scheduling Orders by Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mcnutt, Katherine) (Entered: 11/08/2024)
2024-11-2613ORDER Setting Initial Pretrial Conference. Initial Pretrial Conference set for 12/4/2024 at 10:00 AM before Judge Mark Lane. Signed by Judge Mark Lane. (dm) (Entered: 11/26/2024)
2024-12-0414Minute Entry for proceedings held before Judge Mark Lane: Initial Pretrial Conference held on 12/4/2024 (Minute entry documents are not available electronically.). (Court Reporter WebEx.)(dm) (Entered: 12/04/2024)
2024-12-0415SCHEDULING ORDER: Dispositive Motions due by 3/31/2025. Signed by Judge Robert Pitman. (dm) (Entered: 12/04/2024)
2025-02-0316ORDER REASSIGNING CASE. Case reassigned to Judge Robert Pitman for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (bot1) (Entered: 02/05/2025)
2025-02-2817MOTION for Summary Judgment OF VIOLATION OF THE FREEDOM OF INFORMATION ACT by Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Affidavit of Katherine E. McNutt, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proposed Order Granting MSJ)(Mcnutt, Katherine) (Entered: 02/28/2025)
2025-03-0318MOTION to Substitute Attorney by United States Immigration & Customs Enforcement. (Attachments: # 1 Proposed Order PO Substitution)(Wade, Landon) (Entered: 03/03/2025)
2025-03-12Text Order GRANTING 18 Motion to Substitute Attorney entered by Judge Robert Pitman. IT IS ORDERED that Landon A. Wade is substituted for David B. Goode as counsel of record for Defendant. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) (Entered: 03/12/2025)
2025-03-1219MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment OF VIOLATION OF THE FREEDOM OF INFORMATION ACT by United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order PO)(Wade, Landon) (Entered: 03/12/2025)
2025-03-1320Memorandum in Opposition to Motion, filed by Refugee and Immigrant Center for Education and Legal Services, re 19 MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment OF VIOLATION OF THE FREEDOM OF INFORMATION ACT filed by Defendant United States Immigration & Customs Enforcement (Attachments: # 1 Affidavit of Katherine E. McNutt)(Mcnutt, Katherine) (Entered: 03/13/2025)
2025-03-1421REPLY to Response to Motion, filed by United States Immigration & Customs Enforcement, re 19 MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment OF VIOLATION OF THE FREEDOM OF INFORMATION ACT filed by Defendant United States Immigration & Customs Enforcement (Wade, Landon) (Entered: 03/14/2025)
2025-03-14Text Order GRANTING 19 Motion for Extension of Time to File Response entered by Judge Robert Pitman. For good cause shown, IT IS ORDERED that Defendant shall file its response to Plaintiff's motion for summary judgment on or before March 31, 2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) (Entered: 03/14/2025)
2025-03-3122Unopposed MOTION for Leave to File Motion for Combined Summary Judgment and Cross MSJ by United States Immigration & Customs Enforcement. (Attachments: # 1 Memo in Support Motion for Summary Judgment, # 2 Exhibit 1 - Declaration, # 3 Proposed Order PO - MFL)(Wade, Landon) (Entered: 03/31/2025)
2025-04-01Text Order GRANTING 22 Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file Defendant's Combined Response to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment, (Dkt. 22-1), and accompanying exhibit, (Dkt. 22-2). (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) (Entered: 04/01/2025)
2025-04-0123Unopposed MOTION for Extension of Time to File Response/Reply in Support of its Motion for Summary Judgment by Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Proposed Order Granting Plaintiff's Unopposed Motion for Extension of Time)(Mcnutt, Katherine) (Entered: 04/01/2025)
2025-04-0124RESPONSE to Motion and CROSS MOTION for Summary Judgment, filed by United States Immigration & Customs Enforcement, re 17 MOTION for Summary Judgment OF VIOLATION OF THE FREEDOM OF INFORMATION ACT filed by Plaintiff Refugee and Immigrant Center for Education and Legal Services. (dm) (Entered: 04/01/2025)
2025-04-02Text Order GRANTING 23 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff shall file its reply in support of its motion for summary judgment on or before April 14, 2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) (Entered: 04/02/2025)
2025-04-09Text Order REFERRING 17 Motion for Summary Judgment entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion for Summary Judgment is REFERRED to United States Magistrate Judge Mark Lane for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) (Entered: 04/09/2025)
2025-04-09Text Order REFERRING 24 Motion entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Cross-Motion for Summary Judgment is REFERRED to United States Magistrate Judge Mark Lane for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) (Entered: 04/09/2025)
2025-04-09MOTIONS REFERRED: referred 17 MOTION for Summary Judgment OF VIOLATION OF THE FREEDOM OF INFORMATION ACT , 24 MOTION. Referral Judge: Mark Lane. (dm) (Entered: 04/10/2025)
2025-04-1425Unopposed MOTION for Leave to File COMBINED REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND RESPONSE TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT by Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Brief PLAINTIFFS COMBINED REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT, # 2 Affidavit DECLARATION OF KATHERINE E. MCNUTT IN SUPPORT OF PLAINTIFFS COMBINED REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT, # 3 Exhibit 13-35, # 4 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION TO FILE COMBINED REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND RESPONSE TO CROSS-MOTION FOR SUMMARY JUDGMENT)(Mcnutt, Katherine) (Entered: 04/14/2025)
2025-04-15Text Order GRANTING 25 Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file Plaintiff's Reply and Response to Defendant's Cross-Motion, (Dkt. 25-1), and accompanying exhibits, (Dkts. 25-2 and 25-3). (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) (Entered: 04/15/2025)
2025-04-1526COMBINED REPLY to Response to Motion and Opposition to Defendant's Cross-Motion for Summary Judgment, filed by Refugee and Immigrant Center for Education and Legal Services, re 17 MOTION for Summary Judgment OF VIOLATION OF THE FREEDOM OF INFORMATION ACT filed by Plaintiff Refugee and Immigrant Center for Education and Legal Services. (dm) (Entered: 04/15/2025)
2025-04-2127REPLY to Response to Motion, filed by United States Immigration & Customs Enforcement, re 25 Unopposed MOTION for Leave to File COMBINED REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND RESPONSE TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Refugee and Immigrant Center for Education and Legal Services (Wade, Landon) (Entered: 04/21/2025)
2025-07-0328ORDER SETTING HEARING ( Motion Hearing set for 7/23/2025 at 10:00 AM before Judge Mark Lane,). Signed by Judge Mark Lane. (dm) (Entered: 07/03/2025)
2025-07-0829Unopposed MOTION for Hearing re 28 Order, Set Motion Hearings Regarding Motion for Summary Judgment to July 30, 2025 by Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Proposed Order Granting Plaintiff's Unopposed Motion to Reset Hearing Date)(Mcnutt, Katherine) (Entered: 07/08/2025)
2025-07-0930ORDER GRANTING 29 Motion to Reset Hearing. Hearing reset for 2:00 pm on July 30, 2025. Signed by Judge Mark Lane. (dm) (Entered: 07/09/2025)
2025-07-09Motion Hearing: 24 MOTION, 17 MOTION for Summary Judgment OF VIOLATION OF THE FREEDOM OF INFORMATION ACT . Motion Hearing set for 7/30/2025 at 02:00 PM before Judge Mark Lane. (dm) (Entered: 07/09/2025)
2025-07-2532NOTICE Corrected - Joint Notice by Refugee and Immigrant Center for Education and Legal Services (Blumeyer-Martinez, Kristy) (Entered: 07/25/2025)
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