Skip to content

Case Detail

[Subscribe to updates]
Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01171
Date Filed2021-04-29
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted four FOIA requests to the Department of Homeland Security for records concerning the implementation of the Migrant Protection Protocols, which allowed the U.S. to return migrants seeking asylum to Mexico while their claims were adjudicated. The agency acknowledged receipt of the requests but told American Oversight that it had found no responsive records. American Oversight filed administrative appeals but after hearing nothing further from the agency pertaining to any of its appeals, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantU.S. CITIZENSHIP AND IMMIGRATION SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-291COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-8410844) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Wood, Hart) (Entered: 04/29/2021)
2021-04-29Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 04/29/2021)
2021-04-292SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/29/2021)
2021-04-293STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/28/2021. (lctnm1) (Entered: 04/29/2021)
2021-04-294LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Wood, Hart) (Entered: 04/29/2021)
2021-05-245NOTICE of Appearance by Sean Michael Tepe on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Tepe, Sean) (Entered: 05/24/2021)
2021-06-106Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 06/10/2021)
2021-06-10MINUTE ORDER granting Defendant's 6 Consent Motion for Extension of Time to Respond. Defendant shall respond to the 1 Complaint on or before June 28, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/10/2021. (lctnm1) (Entered: 06/10/2021)
2021-06-10Set/Reset Deadlines: Answer to the Complaint due by 6/28/2021. (ztg) (Entered: 06/10/2021)
2021-06-287ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Tepe, Sean) (Entered: 06/28/2021)
2021-06-28MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceedings in this matter. The report should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before July 22, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/28/2021. (lctnm1) (Entered: 06/28/2021)
2021-06-29Set/Reset Deadlines: Joint Status Report due by 7/22/2021. (hmc) (Entered: 06/29/2021)
2021-07-168AMENDED COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. CITIZENSHIP AND IMMIGRATION SERVICES filed by AMERICAN OVERSIGHT. (Attachments: # 1 Supplement Amended Complaint Redline, # 2 Summons CBP, # 3 Summons ICE, # 4 Summons USCIS)(Wood, Hart) (Entered: 07/16/2021)
2021-07-229Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 07/22/2021)
2021-07-22MINUTE ORDER. Upon consideration of the 9 Joint Status Report, the parties shall file a further Joint Status Report on or before October 1, 2021, addressing the status of DHS's searches and recommending further proceedings. Defendants shall respond to the 8 First Amended Complaint on or before August 30, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/22/2021. (lctnm1) (Entered: 07/22/2021)
2021-07-22Set/Reset Deadlines: Joint Status Report due by 10/1/2021. (hmc) (Entered: 07/22/2021)
2021-07-2310SUMMONS (3) Issued Electronically as to U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (eg) (Entered: 07/23/2021)
2021-08-3011ANSWER to 8 Amended Complaint, by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(Tepe, Sean) (Entered: 08/30/2021)
2021-10-0112Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 10/01/2021)
2021-10-01MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, the parties shall file a further Joint Status Report on or before November 30, 2021, recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/1/2021. (lctnm1) (Entered: 10/01/2021)
2021-10-03Set/Reset Deadlines: Joint Status Report due by 11/30/2021. (hmc) (Entered: 10/03/2021)
2021-10-04NOTICE OF ERROR re 12 Status Report; emailed to hart.wood@americanoversight.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney signature must match login/password for future fillings. (zeg, ) (Entered: 10/04/2021)
2021-11-3013Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 11/30/2021)
2021-12-02MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, the parties shall file a further Joint Status Report on or before January 31, 2022, recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/2/2021. (lctnm1) (Entered: 12/02/2021)
2021-12-02Set/Reset Deadlines: Joint Status Report due by 12/31/2021. (ztg) (Entered: 12/02/2021)
2022-01-3114Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 01/31/2022)
2022-01-31MINUTE ORDER: Upon consideration of the 14 Joint Status Report, the parties are directed to file a further joint status report on or before April 1, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/31/2022. (lctnm1) (Entered: 01/31/2022)
2022-02-02Set/Reset Deadlines: Joint Status Report due by 4/1/2022. (hmc) (Entered: 02/02/2022)
2022-04-0115Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 04/01/2022)
2022-04-01MINUTE ORDER: Upon consideration of the 15 Joint Status Report, the parties are directed to file a further status report on or before May 31, 2022, or 14 days after the Defendant completes production, whichever is sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/1/2022. (lctnm1) (Entered: 04/01/2022)
2022-04-01Set/Reset Deadlines: Status Report due by 5/31/2022 (ztg) (Entered: 04/01/2022)
2022-05-3116Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 05/31/2022)
2022-06-01MINUTE ORDER: Upon consideration of the 16 Joint Status Report, the parties are directed to file another status report on or before August 29, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/1/2022. (lctnm1) (Entered: 06/01/2022)
2022-06-01Set/Reset Deadlines: Joint Status Report due by 8/29/2022. (hmc) (Entered: 06/01/2022)
2022-08-2917Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 08/29/2022)
2022-09-06MINUTE ORDER: Upon consideration of the 17 Joint Status Report, the parties are directed to file another status report on or before November 28, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/6/2022. (lctnm1) (Entered: 09/06/2022)
2022-09-07Set/Reset Deadlines: Joint Status Report due by 11/28/2022. (hmc) (Entered: 09/07/2022)
2022-11-2818Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 11/28/2022)
2022-11-28MINUTE ORDER: The parties shall file another Joint Status Report by February 27, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/28/2022. (lctnm1) (Entered: 11/28/2022)
2022-11-29Set/Reset Deadlines: Joint Status Report due by 2/27/2023. (hmc) (Entered: 11/29/2022)
2023-02-2719Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Wood, Hart) (Entered: 02/27/2023)
2023-02-27MINUTE ORDER: The parties shall file another Joint Status Report by May 26, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/27/2023. (lctnm1) (Entered: 02/27/2023)
2023-02-27Set/Reset Deadlines: Joint Status Report due by 5/26/2023. (hmc) (Entered: 02/27/2023)
2023-05-2620Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 05/26/2023)
2023-05-26MINUTE ORDER: The parties shall submit another Joint Status Report by August 24, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/26/2023. (lctnm1) (Entered: 05/26/2023)
2023-05-30Set/Reset Deadlines: Joint Status Report due by 8/24/2023. (hmc) (Entered: 05/30/2023)
2023-07-1121NOTICE of Appearance by Rachel Baron on behalf of AMERICAN OVERSIGHT (Baron, Rachel) (Entered: 07/11/2023)
2023-07-1322NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Hart W. Wood terminated. (Wood, Hart) (Entered: 07/13/2023)
2023-08-2423Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 08/24/2023)
2023-08-24MINUTE ORDER: The parties shall submit another Joint Status Report by November 20, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/24/2023. (lctnm1) (Entered: 08/24/2023)
2023-10-0324Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Haddix, Filing fee $ 100, receipt number ADCDC-10396464. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Baron, Rachel) (Entered: 10/03/2023)
2023-10-03MINUTE ORDER granting 24 Consent Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) . Click for instructions . (lctnm1) (Entered: 10/03/2023)
2023-10-1925NOTICE of Appearance by Elizabeth Haddix on behalf of AMERICAN OVERSIGHT (Haddix, Elizabeth) (Main Document 25 replaced on 10/19/2023) (mg). (Entered: 10/19/2023)
2023-11-1426NOTICE of Appearance by Mehreen A Rasheed on behalf of AMERICAN OVERSIGHT (Rasheed, Mehreen) (Entered: 11/14/2023)
2023-11-1527NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of All Defendants Substituting for attorney Sean Tepe (Bartholomew, Tabitha) (Entered: 11/15/2023)
2023-11-1628NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Rachel Baron terminated. (Baron, Rachel) (Entered: 11/16/2023)
2023-11-2029Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Bartholomew, Tabitha) (Entered: 11/20/2023)
2023-11-20MINUTE ORDER: Upon consideration of the parties' 29 Joint Status Report, the Court ORDERS the parties to submit another Joint Status Report on February 20, 2024. The status report should include the parties' recommendation for further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/20/2024. (lctnm1) (Entered: 11/20/2023)
2024-02-0830NOTICE of Appearance by Khahilia Y. Shaw on behalf of AMERICAN OVERSIGHT (Shaw, Khahilia) (Entered: 02/08/2024)
2024-02-0831NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Mehreen A Rasheed terminated. (Rasheed, Mehreen) (Entered: 02/08/2024)
2024-02-2032Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Bartholomew, Tabitha) (Entered: 02/20/2024)
2024-02-20MINUTE ORDER: The parties shall submit another Joint Status Report by May 20, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 02/20/2024. (lctnm1) (Entered: 02/20/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar