Case Detail

FOIA Project Annotation: A federal court in Minnesota has ruled that U.S. Immigration and Customs Enforcement properly responded to a FOIA request from Melvin Gutierrez Guillen and Marleny Pineda Guitierrez for records concerning the agency's decision to deport him to El Salvador for illegally entering the U.S. in 2016 by redacting identifying information under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Guillen requested asylum, which was denied in 2019. Part of the reason his asylum request was rejected was because of alleged inconsistencies between his asylum affidavits and the testimony given to an asylum officer through an interpreter during Guillen's credible fear interviews. Guillen appealed the denial to the Board of Immigration Appeals, which is still pending. Guillen filed a FOIA request with U.S. Citizenship and Immigration Services for records pertaining to his credible fear interview. USCIS located 659 responsive pages, disclosing 600 pages in full, 34 pages in part, and withholding six pages in full. USCIS also referred 19 pages to ICE. Guillen filed an administrative appeal and ICE ultimately disclosed the 19 pages with redactions. Guillen and his wife settled all claims against the agencies except for the redactions of the names of agency employees made in the 19 pages under Exemption 6 and Exemption 7(C). Guillen's only argument for disclosure was so that he could contact the employees about their connection with his pending removal proceedings. The court, however, indicated that "this is Guillen's personal interest, which fails to establish a valid public interest in knowing the redacted names and duty stations of ICE and USCIS employees in order to understand the operations or activities of government. To the extent that Guillen has a valid private interest in knowing the names of the affected employees in order to advance discovery in his administrative hearing, that is a discovery issue to be addressed by the administrative court." The court noted that "here, Plaintiffs fail to articulate how disclosure of the individual DHS employees' names and duty stations would 'contribute significantly to the public understanding of the operations or activities of the government.'" The court agreed with the agency that the records had been compiled for law enforcement purposes, noting that "the asylum officer whose name is redacted is a USCIS employee; however, that individual, a DHS employee, was involved in law-enforcement-related work in the same set of documents."
Issues: Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2020-08-06	1	COMPLAINT against U.S. Department of Homeland Security, United States Citizenship and Immigration Services, United States Immigration and Customs Enforcement (filing fee $ 400, receipt number AMNDC-7947393) filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Ratkowski, Nicholas) Modified text on 8/7/2020 (KNK). (Entered: 08/06/2020)
2020-08-06	2	TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 20-cv-1713 MJD/ECW. (CLK) (Entered: 08/06/2020)
2020-08-06	3	Summons Issued as to United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (CLK) (Entered: 08/06/2020)
2020-08-10	4	SUMMONS Returned Executed as to USA by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. United States Citizenship and Immigration Services served on 8/7/2020, answer due 10/6/2020; United States Customs and Immigration Enforcement served on 8/7/2020, answer due 10/6/2020; United States Department of Homeland Security served on 8/7/2020, answer due 10/6/2020. (Ratkowski, Nicholas) (Entered: 08/10/2020)
2020-08-18	5	NOTICE of Appearance by David W Fuller on behalf of United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) (Entered: 08/18/2020)
2020-09-08	6	REQUEST re 1 Complaint, for Extension of Time to Answer (Unopposed) by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) (Entered: 09/08/2020)
2020-09-08	7	PROPOSED ORDER TO JUDGE re Request for Extension of Time to Answer 6 Request,. (Fuller, David) (Entered: 09/08/2020)
2020-09-10	8	ORDER in Response to 6 Request, Defendants shall have until and including September 24, 2020 to file their answer. Signed by Magistrate Judge Elizabeth Cowan Wright on 9/10/2020.(TMA) (Entered: 09/10/2020)
2020-09-23	9	DOCUMENT FILED IN ERROR-WILL REFILE. REQUEST re 1 Complaint, Unopposed Request for Extension of Time to Answer by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) Modified text on 9/23/2020 (MKB). (Entered: 09/23/2020)
2020-09-23	10	PROPOSED ORDER TO JUDGE re Unopposed Request for Extension of Time to Answer 9 Request,. (Fuller, David) (Entered: 09/23/2020)
2020-09-23	11	REQUEST re 1 Complaint, Unopposed Request for Extension of Time to Answer by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) (Entered: 09/23/2020)
2020-09-24	12	ORDER in Response to 11 Request.Defendants shall have until and including September 28, 2020 to file their answer. Signed by Magistrate Judge Elizabeth Cowan Wright on 9/24/2020.(TMA) (Entered: 09/24/2020)
2020-09-28	13	REQUEST re 1 Complaint, Unopposed Request for Extension of Time to Answer by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) (Entered: 09/28/2020)
2020-09-28	14	PROPOSED ORDER TO JUDGE re Unopposed Request for Extension of Time to Answer 13 Request,. (Fuller, David) (Entered: 09/28/2020)
2020-10-01	15	ORDER in Response to 13 Request, Defendants shall have until and including October 2, 2020 to file their answer. Signed by Magistrate Judge Elizabeth Cowan Wright on 10/1/2020.(TMA) (Entered: 10/01/2020)
2020-10-02	16	ANSWER to Complaint filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) (Entered: 10/02/2020)
2020-11-13	17	MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. (Ratkowski, Nicholas) (Entered: 11/13/2020)
2020-11-13	18	AFFIDAVIT of Nico Ratkowski in SUPPORT OF 17 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez.(Ratkowski, Nicholas) (Entered: 11/13/2020)
2020-11-13	19	MEMORANDUM in Support re 17 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Ratkowski, Nicholas) (Entered: 11/13/2020)
2020-11-13	20	MEET and CONFER STATEMENT re 17 Motion to Alter/Amend/Supplement Pleadings filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez.(Ratkowski, Nicholas) (Entered: 11/13/2020)
2020-11-13	21	PROPOSED ORDER TO JUDGE re 17 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez.(Ratkowski, Nicholas) (Entered: 11/13/2020)
2020-11-13	22	EXHIBIT Proposed Amended Complaint re 17 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez.(Ratkowski, Nicholas) (Entered: 11/13/2020)
2020-11-13	23	NOTICE OF HEARING ON MOTION 17 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, : Motion Hearing set for 12/9/2020 at 10:00 AM in Video Conference (no courtroom) before Magistrate Judge Elizabeth Cowan Wright. (Ratkowski, Nicholas) (Entered: 11/13/2020)
2020-11-16	24	NOTICE by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security (Fuller, David) (Entered: 11/16/2020)
2020-11-16	25	AMENDED COMPLAINT (filed with Defendants' written consent) against United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. No summons requested. (Ratkowski, Nicholas) (Entered: 11/16/2020)
2020-11-19	26	TEXT ONLY ORDER granting 17 Motion to Alter/Amend/Supplement Pleadings. Plaintiffs filed a Motion for Leave to Amend Complaint on November 13, 2020. (Dkt. 17.) On November 16, 2020, Defendants filed a Notice stating they did not oppose Plaintiffs Motion. (Dkt. 24.) Plaintiffs filed the Amended Complaint on November 15, 2020. (Dkt. 25.) Based on the files, records, and proceedings here, IT IS ORDERED THAT Plaintiffs Motion for Leave to Amend Complaint is GRANTED. Plaintiffs need not re-file the Amended Complaint filed at Docket 24. Signed by Magistrate Judge Elizabeth Cowan Wright on 11/19/2020. (TMA) (Entered: 11/19/2020)
2020-12-01	27	ANSWER to Amended Complaint filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) (Entered: 12/01/2020)
2020-12-16	28	ORDER/NOTICE: Rule 26 Meeting Report due by 1/14/2021. Telephonic Pretrial Conference set for 1/21/2021 at 09:00 AM before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 12/16/2020. (Attachments: # 1 Consent Form)(TMA) (Entered: 12/16/2020)
2021-01-14	29	REPORT of Rule 26(f) Planning Meeting. Filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. Jointly Signed by MELVIN GUTIERREZ GUILLEN and MARLENY PINEDA GUTIERREZ.(Fuller, David) (Entered: 01/14/2021)
2021-01-21	30	DOCUMENT FILED IN ERROR. NOTICE of Voluntary Dismissal by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez (Ratkowski, Nicholas) Modified text on 1/21/2021 (CLK). (Entered: 01/21/2021)
2021-01-21	31	STIPULATION of Dismissal of Plaintiffs' claims against USCIS by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. Jointly Signed by United States Citizenship and Immigration Services. (Ratkowski, Nicholas) (Entered: 01/21/2021)
2021-01-21	32	PROPOSED ORDER TO JUDGE re 31 Stipulation of Dismissal. (Ratkowski, Nicholas) (Entered: 01/21/2021)
2021-01-21	34	Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Initial Pretrial Conference held on 1/21/2021. A scheduling order will be issued. (TMA) (Entered: 01/22/2021)
2021-01-22	33	ORDER on 31 Stipulation of Dismissal. IT IS HEREBY ORDERED that all of Plaintiffs' claims against Defendant USCIS in this matter be DISMISSED, with each party to bear its own attorney's fees, costs, and disbursements in relation to the dismissed claims. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Michael J. Davis on 1/22/2021.(GRR) (Entered: 01/22/2021)
2021-01-22	35	SCHEDULING ORDER: Amended Pleadings due by 2/1/2021. Motions (non-disp) due 3/1/2021. Signed by Magistrate Judge Elizabeth Cowan Wright on 1/22/2021.(TMA) (Entered: 01/22/2021)
2021-01-25	36	JUDGMENT (Attachments: # 1 Civil Notice - appeal)(KNK) (Entered: 01/25/2021)
2021-04-14	37	STIPULATION FOR EXTENSION OF TIME by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. Jointly Signed by MELVIN GUTIERREZ GUILLEN and MARLENY PINEDA GUTIERREZ. (Fuller, David) (Entered: 04/14/2021)
2021-04-14	38	PROPOSED ORDER TO JUDGE re 37 Stipulation,. (Fuller, David) (Entered: 04/14/2021)
2021-04-15	39	ORDER on 37 Stipulation-- 1. Defendants Motion for Summary Judgment shall be filed on or before April 22, 2021. 2.Plaintiffs will file a combined Response and Cross-Motion for Summary Judgment no later than May 24, 2021.3. Defendants may file a combined Reply and Response to Plaintiffs Motion for Summary Judgment no later than June 24, 2021.4.Plaintiffs may file a Reply relating to Plaintiffs Cross-Motion for Summary Judgment no later than July 8, 2021. Signed by Magistrate Judge Elizabeth Cowan Wright on 4/15/2021.(TMA) (Entered: 04/15/2021)
2021-04-22	40	MOTION for Summary Judgment filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) (Entered: 04/22/2021)
2021-04-22	41	NOTICE OF HEARING ON MOTION 40 MOTION for Summary Judgment : Date and time to be determined. (Fuller, David) (Entered: 04/22/2021)
2021-04-22	42	MEMORANDUM in Support re 40 MOTION for Summary Judgment filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fuller, David) (Entered: 04/22/2021)
2021-04-22	43	DECLARATION of FERNANDO PINEIRO re 42 Memorandum in Support of Motion, by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Fuller, David) (Entered: 04/22/2021)
2021-04-22	44	PROPOSED ORDER TO JUDGE re 40 MOTION for Summary Judgment filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security.(Fuller, David) (Entered: 04/22/2021)
2021-04-23	45	AMENDED NOTICE of Hearing on Motion: 40 MOTION for Summary Judgment : Motion Hearing set for 7/14/2021 at 11:00 AM in Courtroom 13E (MPLS) before Judge Michael J. Davis. (Fuller, David) (Entered: 04/23/2021)
2021-05-21	46	Cross MOTION for Summary Judgment filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. (Ratkowski, Nicholas) (Entered: 05/21/2021)
2021-05-21	47	EXHIBIT List re 46 Cross MOTION for Summary Judgment filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. (Attachments: # 1 Exhibit(s) FOIA Response, # 2 Exhibit(s) OpenPayroll Data)(Ratkowski, Nicholas) (Entered: 05/21/2021)
2021-05-21	48	MEMORANDUM re 46 Cross MOTION for Summary Judgment , 40 MOTION for Summary Judgment filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Ratkowski, Nicholas) (Entered: 05/21/2021)
2021-05-21	49	NOTICE OF HEARING ON MOTION 46 Cross MOTION for Summary Judgment : Motion Hearing set for 7/14/2021 at 11:00 AM in Courtroom 13E (MPLS) before Judge Michael J. Davis. (Ratkowski, Nicholas) (Entered: 05/21/2021)
2021-05-21	50	PROPOSED ORDER TO JUDGE re 46 Cross MOTION for Summary Judgment filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez.(Ratkowski, Nicholas) (Entered: 05/21/2021)
2021-06-24	51	REPLY re 46 Cross MOTION for Summary Judgment , 40 MOTION for Summary Judgment filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fuller, David) (Entered: 06/24/2021)
2021-06-24	52	DECLARATION of David W. Fuller re 51 Reply, by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security . (Attachments: # 1 Exhibit A)(Fuller, David) (Entered: 06/24/2021)
2021-06-24	53	Joint MOTION Motion to Seal Certain Documents filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security. (Fuller, David) (Entered: 06/24/2021)
2021-06-24	54	PROPOSED ORDER TO JUDGE re 53 Joint MOTION Motion to Seal Certain Documents filed by United States Citizenship and Immigration Services, United States Customs and Immigration Enforcement, United States Department of Homeland Security.(Fuller, David) (Entered: 06/24/2021)
2021-06-25	55	ORDER granting 53 Motion - the Clerk of Court is ORDERED to place Docket Nos. 47-1 and 48 under temporary seal pending the parties Joint Motion Regarding Continued Sealing required under Local Rule 5.6(d)(2). The parties should address the appropriateness of continued sealing of Dkts. 47-1 and 48 in that Joint Motion. Signed by Magistrate Judge Elizabeth Cowan Wright on 6/25/2021. (TMA) (Entered: 06/25/2021)
2021-06-25	56	(Text-Only) AMENDED NOTICE of Rescheduling Hearing on Motion: 40 MOTION for Summary Judgment , 46 Cross MOTION for Summary Judgment : Motion Hearing set for 9/15/2021 at 11:00 AM via video conference (no courtroom) before Judge Michael J. Davis. Notice to Public: Please visit our website at https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings might not appear on the court schedule or courthouse kiosk until one week before the hearing date. (GRR) (Entered: 06/25/2021)
2021-07-06	57	Reply to Response to Motion re 46 Cross MOTION for Summary Judgment filed by Melvin Gutierrez Guillen, Marleny Pineda Gutierrez. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Ratkowski, Nicholas) (Entered: 07/06/2021)
2021-09-15	58	Minute Entry for proceedings held before Judge Michael J. Davis: Motion Hearing held on 9/15/2021 re 46 Cross MOTION for Summary Judgment filed by Marleny Pineda Gutierrez, Melvin Gutierrez Guillen, 40 MOTION for Summary Judgment filed by United States Customs and Immigration Enforcement, United States Citizenship and Immigration Services, United States Department of Homeland Security. The motions were moved, argued and taken under advisement. An order will follow. (Court Reporter Kristine Mousseau) (GRR) (Entered: 09/15/2021)
2021-09-30	59	MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendants' Motion for Summary Judgment 40 is GRANTED. 2. Plaintiffs' Cross-Motion for Summary Judgment 46 is DENIED. 3. This matter is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Michael J. Davis on 9/30/2021. (GRR) (Entered: 09/30/2021)
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