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Case TitleIMMIGRANT INVESTORS ASSOCIATION, INC. v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02472
Date Filed2020-09-03
Date Closed2022-12-02
JudgeChief Judge Beryl A. Howell
PlaintiffIMMIGRANT INVESTORS ASSOCIATION, INC.
doing business as INVEST IN THE USA ("IIUSA")
Case DescriptionImmigrant Investors Association submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the development and implementation of guidance relating to immigrant investors (EB-5) in connection with the June 2017 release of the USCIS Policy Manual. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Immigrant Investors Association filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY ("DHS")
DefendantDEPARTMENT OF HOMELAND SECURITY ("DHS")
DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES ("USCIS")
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-031COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number ADCDC-7549140) # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Grau, Aaron) (Entered: 09/03/2020)
2020-09-04Case Assigned to Chief Judge Beryl A. Howell. (zmd) (Entered: 09/04/2020)
2020-09-042SUMMONS (2) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 09/04/2020)
2020-09-04SUMMONS Not Issued as to U.S. Attorney and U.S. Attorney General (zmd) (Entered: 09/04/2020)
2020-09-083STANDING ORDER. Signed by Chief Judge Beryl A. Howell on September 8, 2020. (lcbah1) (Entered: 09/08/2020)
2020-10-154ANSWER to Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Brudy-Everett, Kristin) (Entered: 10/15/2020)
2021-01-12MINUTE ORDER (paperless) DIRECTING plaintiff TO SHOW CAUSE, by January 27, 2021, why this action should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23, given that the parties' joint meet and confer report was due but not filed by October 29, 2020, see 4 Standing Order at 2, and no other action has been taken in the case. Signed by Chief Judge Beryl A. Howell on January 12, 2021. (lcbah1) (Entered: 01/12/2021)
2021-01-255MOTION to Continue 1:20-cv-02472 by IMMIGRANT INVESTORS ASSOCIATION, INC.. (Grau, Aaron) (Entered: 01/25/2021)
2021-01-28MINUTE ORDER (paperless) GRANTING plaintiff's 5 Consent Motion to Continue Proceedings and DIRECTING the parties to submit, by March 25, 2021, a joint status report. Signed by Chief Judge Beryl A. Howell on January 28, 2021. (lcbah1) (Entered: 01/28/2021)
2021-01-29Set/Reset Deadlines: Joint status report due by 3/25/2021. (ztg) (Entered: 01/29/2021)
2021-03-256Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 03/25/2021)
2021-03-27MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 6 Joint Status Report, the parties to submit a joint status report by May 26, 2021. Signed by Chief Judge Beryl A. Howell on March 27, 2021. (lcbah1) (Entered: 03/27/2021)
2021-04-01Set/Reset Deadlines: Joint Status Report due by 5/26/2021. (ztg) (Entered: 04/01/2021)
2021-05-267Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/26/2021)
2021-05-26MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 7 Joint Status Report, the parties to submit a joint status report by July 26, 2021. Signed by Chief Judge Beryl A. Howell on May 26, 2021. (lcbah1) (Entered: 05/26/2021)
2021-05-27Set/Reset Deadlines: Joint Status Report due by 7/26/2021. (ztg) (Entered: 05/27/2021)
2021-06-288NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of All Defendants Substituting for attorney Kristin D. Brudy-Everett (Molen, Kathleene) (Entered: 06/28/2021)
2021-07-269Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 07/26/2021)
2021-07-27MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status Report, the parties to submit a joint status report by September 24, 2021. Signed by Chief Judge Beryl A. Howell on July 27, 2021. (lcbah1) (Entered: 07/27/2021)
2021-07-27Set/Reset Deadlines: Joint Status Report due by 9/24/2021. (ztg) (Entered: 07/27/2021)
2021-09-2410Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 09/24/2021)
2021-09-24MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Status Report, the parties to submit a joint status report by October 25, 2021. Signed by Chief Judge Beryl A. Howell on September 24, 2021. (lcbah1) (Entered: 09/24/2021)
2021-09-24Set/Reset Deadlines: Joint Status Report due by 10/25/2021. (ztg) (Entered: 09/24/2021)
2021-10-2511Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/25/2021)
2021-10-26MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 11 Joint Status Report, the parties to submit a joint status report by December 9, 2021. Signed by Chief Judge Beryl A. Howell on October 26, 2021. (lcbah1) (Entered: 10/26/2021)
2021-10-27Set/Reset Deadlines: Joint Status Report due by 12/9/2021. (ztg) (Entered: 10/27/2021)
2021-11-1512NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES Substituting for attorney Kathleene A. Molen (Seabrook, April) (Entered: 11/15/2021)
2021-12-1013Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Seabrook, April) (Entered: 12/10/2021)
2021-12-10MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to file, by February 7, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on December 10, 2021. (lcbah1) (Entered: 12/10/2021)
2021-12-13Set/Reset Deadlines: Joint Status Report due by 2/7/2022. (hmc) (Entered: 12/13/2021)
2022-02-0714NOTICE OF SUBSTITUTION OF COUNSEL by Erika Kirstie Oblea on behalf of DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES Substituting for attorney April Seabrook (Oblea, Erika) (Entered: 02/07/2022)
2022-02-0715Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 02/07/2022)
2022-02-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by April 8, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on February 8, 2022. (lcbah1) (Entered: 02/08/2022)
2022-02-09Set/Reset Deadlines: Joint Status Report due by 4/8/2022. (ztg) (Entered: 02/09/2022)
2022-04-0816Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 04/08/2022)
2022-04-08MINUTE ORDER (paperless) ISSUING, in light of the parties' 16 Joint Status Report, the following SCHEDULING ORDER to govern the timing of further proceedings in this matter: (1) by July 8, 2022, defendants shall file their motion for summary judgment; (2) by September 6, 2022, plaintiff shall file its cross-motion for summary judgment and its combined opposition to defendants' motion for summary judgment and memorandum in support of its cross-motion; (3) by October 6, 2022, defendants shall file their combined opposition to plaintiff's cross-motion for summary judgment and reply in support of their own motion for summary judgment; and (4) by November 7, 2022, plaintiff shall file its reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on April 8, 2022. (lcbah1) (Entered: 04/08/2022)
2022-04-11Set/Reset Deadlines: Summary judgment motion due by 7/8/2022; cross-motion and opposition to summary judgment motion due by 9/6/2022; opposition to cross-motion and reply to opposition to summary judgment motion due by 10/6/2022; reply to opposition to cross-motion due by 11/7/2022. (ztg) (Entered: 04/11/2022)
2022-06-2417Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 06/24/2022)
2022-06-28MINUTE ORDER (paperless) GRANTING defendants' 17 Consent Motion for Extension of Time and AMENDING the SCHEDULING ORDER as follows: (1) by August 8, 2022, defendants shall file their motion for summary judgment; (2) by October 7, 2022, plaintiff shall file its cross-motion for summary judgment and its combined opposition to defendants' motion for summary judgment and memorandum in support of its cross-motion; (3) by November 7, 2022, defendants shall file their combined opposition to plaintiff's cross-motion for summary judgment and reply in support of their own motion for summary judgment; and (4) by December 7, 2022, plaintiff shall file its reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on June 28, 2022. (lcbah1) (Entered: 06/28/2022)
2022-06-29Set/Reset Deadlines: Summary judgment motion due by 8/8/2022; cross-motion and opposition to summary judgment motion due by 10/7/2022; opposition to cross-motion and reply to opposition to summary judgment motion due by 11/7/2022; reply to opposition to cross-motion due by 12/7/2022. (ztg) (Entered: 06/29/2022)
2022-07-2218Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 07/22/2022)
2022-07-22MINUTE ORDER (paperless) GRANTING defendants' 18 Consent Motion for Extension of Time and AMENDING the SCHEDULING ORDER as follows: (1) by September 22, 2022, defendants shall file their motion for summary judgment; (2) by November 21, 2022, plaintiff shall file its cross-motion for summary judgment and its combined opposition to defendants' motion for summary judgment and memorandum in support of its cross-motion; (3) by December 21, 2022, defendants shall file their combined opposition to plaintiff's cross-motion for summary judgment and reply in support of their own motion for summary judgment; and (4) by January 20, 2023, plaintiff shall file its reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on July 22, 2022. (lcbah1) (Entered: 07/22/2022)
2022-07-25Set/Reset Deadlines: Summary judgment motion due by 9/22/2022; cross-motion and opposition to summary judgment motion due by 11/21/2022; opposition to cross-motion and reply to opposition to summary judgment motion due by 12/21/2022; reply to opposition to cross-motion due by 1/20/2023. (ztg) (Entered: 07/25/2022)
2022-09-2219MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Appendix Index of Declaration Exhibits, # 4 Declaration of Cynthia Munita, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Text of Proposed Order)(Oblea, Erika) (Entered: 09/22/2022)
2022-11-3020STIPULATION of Dismissal by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Oblea, Erika) (Entered: 11/30/2022)
2022-12-01MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, pursuant to the parties' 20 Joint Stipulation of Dismissal and Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on December 1, 2022. (lcbah1) (Entered: 12/01/2022)
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