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Case TitleImmigrant Advocates Response Collaborative v. U.S. Department of Homeland Security et al
DistrictNorthern District of New York
CitySyracuse Albany
Case Number1:2021cv01235
Date Filed2021-11-15
Date Closed2022-12-20
JudgeSenior Judge Thomas J. McAvoy
PlaintiffImmigrant Advocates Response Collaborative
Case DescriptionImmigrant Advocates Response Collaborative submitted a FOIA request to the Department of Homeland Security, the FBI, and the Department of State for records concerning the management of CHIP, CHIS, and BITMAP programs. IARC also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, IARC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Department of State
DefendantFederal Bureau of Investigation
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-151COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement (Filing fee $402 receipt number ANYNDC-5714579) filed by Immigrant Advocates Response Collaborative. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet)(khr) (Entered: 11/16/2021)
2021-11-162Summons Issued as to U.S. Department of Homeland Security. (Attachments: # 1 Summons issued as to ICE, # 2 Summons issued as to Dept. of State, # 3 Summons issued as to FBI, # 4 Summons issued as to US Attorney General, # 5 Summons issued as to US Attorney's Office)(khr) (Entered: 11/16/2021)
2021-11-163G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/10/2022 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/3/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) (Entered: 11/16/2021)
2021-11-164NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Camille J. Mackler, Email address is cmackler@immigrantarc.org. Phone number is 518-888-4507. Admissions due by 11/30/2021. (khr)(Emailed and mailed notice on 11/16/2021) (Entered: 11/16/2021)
2021-11-225NOTICE of Appearance by Camille J. Mackler on behalf of Immigrant Advocates Response Collaborative (Mackler, Camille) (Entered: 11/22/2021)
2021-12-036AFFIDAVIT of Service for Complaint and other case initiating papers served on US Attorneys' Office (NDNY), U.S. Attorney General, DHS, DOS, FBI, ICE on 11/23/2021 (US Attorneys' Office NDNY); 11/26/2021 (AG, DHS, ICE, FBI); and 11/29/2021 (DOS), filed by Immigrant Advocates Response Collaborative. (Realmuto, Trina) (Entered: 12/03/2021)
2021-12-03***Answer due date updated for Federal Bureau of Investigation answer due 1/25/2022; U.S. Department of Homeland Security answer due 1/25/2022; U.S. Department of State answer due 1/28/2022; U.S. Immigration and Customs Enforcement answer due 1/25/2022. (khr) (Entered: 12/03/2021)
2021-12-037Letter Motion for Immigrant Advocates Response Collaborative requesting Court correct the deadline for Defendants to file an Answer to the Complaint submitted to Judge McAvoy . (Realmuto, Trina) (Entered: 12/03/2021)
2021-12-178TEXT ORDER denying 7 Letter Motion for Immigrant Advocates Response Collaborative requesting Court correct the deadline for Defendants to file an Answer to the Complaint submitted to Judge McAvoy : In view of the Covid Pandemic, the FBI, ICE and Homeland Security shall respond to the complaint by January 25, 2022, while the Department of State shall respond by January 28, 2022. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 12/17/2021. (tab) (Entered: 12/17/2021)
2022-01-129NOTICE of Appearance by C. Harris Dague on behalf of Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement (Dague, C.) (Entered: 01/12/2022)
2022-01-1410Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting Extension to Answer Deadline submitted to Judge Thomas J. McAvoy . (Dague, C.) (Entered: 01/14/2022)
2022-01-1411TEXT ORDER granting 10 Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting Extension to Answer Deadline: Federal Bureau of Investigation: answer due 2/28/2022; U.S. Department of Homeland Security: answer due 2/28/2022; U.S. Department of State: answer due 2/28/2022; U.S. Immigration and Customs Enforcement: answer due 2/28/2022. Based on the extended answer deadline, the Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/21/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The Initial Conference is reset for 3/28/2022 @ 10:00 AM in Albany. Authorized by Magistrate Judge Christian F. Hummel on 1/14/2022. (tab) (Entered: 01/14/2022)
2022-02-2412Second Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting 45-Day Adjounrment of Answer Deadline submitted to Judge McAvoy . (Dague, C.) (Entered: 02/24/2022)
2022-02-2513TEXT ORDER granting 12 Second Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting 45-Day Adjounrment of Answer Deadline: Federal Bureau of Investigation answer due 4/14/2022; U.S. Department of Homeland Security answer due 4/14/2022; U.S. Department of State answer due 4/14/2022; U.S. Immigration and Customs Enforcement answer due 4/14/2022. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/12/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The Initial Conference has been reset for 5/19/2022 @ 9:30 AM in Albany. Authorized by Magistrate Judge Christian F. Hummel on 2/25/2022. (tab) (Entered: 02/25/2022)
2022-04-1214Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting 60-Day Adjournment to Answer Deadline submitted to Judge Thomas J. McAvoy . (Dague, C.) (Entered: 04/12/2022)
2022-04-1315TEXT ORDER granting 14 Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting 60-Day Adjournment to Answer Deadline: Federal Bureau of Investigation answer due 6/14/2022; U.S. Department of Homeland Security answer due 6/14/2022; U.S. Department of State answer due 6/14/2022; U.S. Immigration and Customs Enforcement answer due 6/14/2022. Authorized by Magistrate Judge Christian F. Hummel on 4/13/2022. (tab) (Entered: 04/13/2022)
2022-04-1316TEXT NOTICE: The Rule 16 Initial Conference scheduled for 5/19/2022 at 9:30 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date, to be set at the appropriate time, after an answer is filed. (tab) (Entered: 04/13/2022)
2022-06-1417ANSWER to 1 Complaint,, by Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement.(Dague, C.) (Entered: 06/14/2022)
2022-07-0718COURT NOTICE of Conference: The Initial Conference has now been reset for Wednesday, 8/3/2022 @ 10:30 AM before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/27/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) (Entered: 07/07/2022)
2022-07-1819COURT NOTICE of Change in Conference (Time only): The Initial Conference is reset for 8/3/2022 @ 11:00 AM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) (Entered: 07/18/2022)
2022-07-2620Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting Adjournment of the Rule 16 Conference, and Proposing a Briefing Schedule submitted to Judge Christian F. Hummel . (Dague, C.) (Entered: 07/26/2022)
2022-07-2621TEXT ORDER granting 20 Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting Adjournment of the Rule 16 Conference, and Proposing Case deadlines: The Initial Conference is adjourned and reset for Tuesday, 9/27/2022 @ 10:00 AM in Albany. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/20/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Dispositive Motion, if necessary, to be filed by 10/13/2022. The briefing schedule on the dispositive motions, as set forth in the letter request, are adopted and set. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 7/26/2022. (tab) (Entered: 07/26/2022)
2022-09-2022Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting 60-Day Adjournment of All Deadlines in Contemplation of Settlement submitted to Judge Christian F. Hummel . (Dague, C.) (Entered: 09/20/2022)
2022-09-2023TEXT ORDER granting 22 Letter Motion from C. Harris Dague for Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement requesting 60-Day Adjournment of All Deadlines : The Initial Conference and associated deadlines are adjourned until further directive by the Court. The Dispositive Motion filing deadline is reset for 12/13/2022. Authorized by Magistrate Judge Christian F. Hummel on 9/20/2022. (tab) (Entered: 09/20/2022)
2022-11-1824STATUS REPORT by Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement. (Dague, C.) (Entered: 11/18/2022)
2022-11-2125(TEXT ONLY) STATUS REPORT ORDER: Status Report due by 12/19/2022. Authorized by Magistrate Judge Christian F. Hummel on 11/21/2022. (tab) (Entered: 11/21/2022)
2022-12-1926STATUS REPORT Notifying Court of Settlement by Federal Bureau of Investigation, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement. (Dague, C.) (Entered: 12/19/2022)
2022-12-2027ORDER DISMISSING CASE by Reason of Settlement. Signed by Senior Judge Thomas J. McAvoy on 12/20/2022. (amt) (Entered: 12/20/2022)
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by FOIA Project Staff
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