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Case TitlePROJECT SOUTH et al v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00895
Date Filed2019-03-28
Date Closed2021-12-13
JudgeJudge Carl J. Nichols
PlaintiffPROJECT SOUTH
PlaintiffRINA HERNANDEZ
Case DescriptionProject South and Rina Hernandez submitted FOIA requests to U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services for records concerning the death of Yulio Castro-Garrido while in custody at an ICE detention center. Project South also requested expedited processing. The agencies acknowledged receipt of the requests. Both agencies denied Project South's request for expedited processing. Project South filed administrative appeals of the denials. Both agencies upheld their original decision to deny Project South's request for expedited processing. After hearing nothing further from either agency, Project South filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
DefendantU.S. CITIZENSHIP AND IMMIGRATION SERVICES
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-281COMPLAINT against U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-6028839) filed by Rina Hernandez, Project South. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - ICE, # 3 Summons - USCIS, # 4 Exhibit A - J&A for Berks & Stewart, # 5 Exhibit B - ICE Death Notification, # 6 Exhibit C - May 1, 2018 FOIA Request to ICE, # 7 Exhibit D - May 2, 2018 ICE Ack Ltr, # 8 Exhibit E - May 2, 2018 ICE EP Denial, # 9 Exhibit F - USCIS Initial Response, # 10 Exhibit G - ICE EP App Ack Ltr, # 11 Exhibit H - ICE EP App Denial, # 12 Exhibit I - EP App Ltr to USCIS, # 13 Exhibit J - USCIS EP App Denial, # 14 Exhibit K - ICE Status Check as of 3.28.19, # 15 Exhibit L - USCIS Status Check as of 3.28.19, # 16 Exhibit M - USCIS Status Check as of 3.1.19)(Free, R.) (Attachment 1 replaced on 3/29/2019) (zef, ). (Entered: 03/28/2019)
2019-03-29Case Assigned to Judge Amit P. Mehta. (zef, ) (Entered: 03/29/2019)
2019-03-292SUMMONS (2) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/29/2019)
2019-03-293ERRATA by RINA HERNANDEZ, PROJECT SOUTH 1 Complaint,,, filed by RINA HERNANDEZ, PROJECT SOUTH. (Attachments: # 1 Errata Complaint -Corrected Signature Block)(Free, R.) (Entered: 03/29/2019)
2019-05-064ANSWER to Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Clark, Denise) (Entered: 05/06/2019)
2019-05-085ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before May 22, 2019. See attached Order for additional details. Signed by Judge Amit P. Mehta on 05/08/2019. (lcapm3) (Entered: 05/08/2019)
2019-05-08Set/Reset Deadlines: Joint Status Report due by 5/22/2019. (zjd) (Entered: 05/08/2019)
2019-05-226Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Clark, Denise) (Entered: 05/22/2019)
2019-05-29MINUTE ORDER. The parties shall file their next Joint Status Report by June 21, 2019, which updates the court on the status of Defendants' search and production efforts. Signed by Judge Amit P. Mehta on 05/29/2019. (lcapm3) (Entered: 05/29/2019)
2019-05-29Set/Reset Deadlines: Joint Status Report due by 6/21/2019. (zjd) (Entered: 05/29/2019)
2019-05-297ORDER: Having considered 6 the Joint Meet and Confer Statement, the court sets the following schedule for further proceedings in this matter: Plaintiffs' Motion for Summary Judgment as to Counts I and II shall be filed on or before June 17, 2019; Defendants' Opposition to Plaintiffs' Motion for Summary Judgment and, if any, Cross-Motion for Summary Judgment as to Counts I and II shall be filed on or before July 8, 2019; Plaintiffs' Reply to its Motion for Summary Judgment and, if any, Opposition to Defendants' Cross-Motion for Summary Judgment shall be filed on or before July 15, 2019; and Defendants' Reply to its Cross-Motion for Summary Judgment, if any, shall be filed on or before July 22, 2019. See attached Order for additional details. Signed by Judge Amit P. Mehta on 05/29/2019. (lcapm3) (Entered: 05/29/2019)
2019-05-29Set/Reset Deadlines: Plaintiffs' Motion for Summary Judgment as to Counts I and II due by 6/17/2019. Defendants' Opposition and Cross Motion due by 7/8/2019. Plaintiffs' Reply and Opposition due by 7/15/2019. Defendants' Reply due by 7/22/2019.(zjd) (Entered: 05/30/2019)
2019-06-178NOTICE re Plaintiffs' Motion for Partial Summary Judgment by RINA HERNANDEZ, PROJECT SOUTH re 6 Status Report (Free, R.) (Entered: 06/17/2019)
2019-06-18MINUTE ORDER. The parties shall file a Joint Status Report by August 19, 2019, which updates the court on search and production efforts. Signed by Judge Amit P. Mehta on 06/18/2019. (lcapm3) (Entered: 06/18/2019)
2019-06-18Set/Reset Deadlines: Joint Status Report due by 8/19/2019. (zjd) (Entered: 06/18/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Amit P. Mehta is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-08-199Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Clark, Denise) (Entered: 08/19/2019)
2019-08-22MINUTE ORDER. Upon review of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a subsequent Joint Status Report by September 3, 2019. Signed by Judge Carl J. Nichols on August 22, 2019. (lccjn2) (Entered: 08/22/2019)
2019-08-22Set/Reset Deadlines/Hearings: Joint Status Report due by 9/3/2019. (zcdw) (Entered: 08/25/2019)
2019-09-0310Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Clark, Denise) (Entered: 09/03/2019)
2019-09-04MINUTE ORDER. Upon review of the Parties' 10 Joint Status Report, it is hereby ORDERED that the Parties shall submit a Joint Status Report by September 24. Signed by Judge Carl J. Nichols on September 4, 2019. (lccjn2) (Entered: 09/04/2019)
2019-09-04Set/Reset Deadlines/Hearings: Joint Status Report due by 9/24/2019. (zcdw) (Entered: 09/05/2019)
2019-09-2411STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Clark, Denise) (Entered: 09/24/2019)
2019-09-3012SCHEDULING ORDER. Signed by Judge Carl J. Nichols on September 30, 2019. (lccjn2) (Entered: 09/30/2019)
2019-11-0613Consent MOTION to Vacate Briefing Schedule by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Clark, Denise) (Entered: 11/06/2019)
2019-11-07MINUTE ORDER. Upon review of Defendants' 13 Consent Motion to Vacate Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. The Court's 12 Scheduling Order is VACATED. It is further ORDERED that the Parties shall submit a Joint Status Report by January 10, 2020. Signed by Judge Carl J. Nichols on November 7, 2019. (lccjn2) (Entered: 11/07/2019)
2019-11-07Set/Reset Deadlines: Joint Status Report due by 1/10/2020. (mac) (Entered: 11/07/2019)
2019-11-2714NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/27/2019)
2020-01-1015Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 01/10/2020)
2020-01-10MINUTE ORDER. Upon review of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit a Joint Status Report by February 25, 2020. Signed by Judge Carl J. Nichols on January 10, 2020. (lccjn2) (Entered: 01/10/2020)
2020-01-10Set/Reset Deadlines/Hearings: Joint Status Report due by 2/25/2020. (zcdw) (Entered: 01/15/2020)
2020-02-2516Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 02/25/2020)
2020-02-2617STIPULATION of Dismissal by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jackson, Michelle) (Entered: 02/26/2020)
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