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Case TitleAMERICAN IMMIGRATION COUNCIL v. U.S. CUSTOMS & BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03314
Date Filed2021-12-20
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffAMERICAN IMMIGRATION COUNCIL
Case DescriptionThe American Immigration Council submitted a FOIA request to U.S. Customs and Border Protection for records concerning the efficiency and accuracy of the facial recognition technology by CBP One. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. CUSTOMS & BORDER PROTECTION
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-201COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8940321) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons)(Creighton, Emily) (Entered: 12/20/2021)
2021-12-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN IMMIGRATION COUNCIL (Creighton, Emily) (Entered: 12/20/2021)
2021-12-21Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 12/21/2021)
2021-12-213SUMMONS (2) Issued Electronically as to U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/21/2021)
2021-12-21NOTICE OF ERROR re 1 Complaint; emailed to ecreighton@immcouncil.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. No signature on civil cover sheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & refile using the event Civil Cover Sheet., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 12/21/2021)
2021-12-214REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Summons)(Creighton, Emily) (Entered: 12/21/2021)
2021-12-215CIVIL COVER SHEET by AMERICAN IMMIGRATION COUNCIL filed by AMERICAN IMMIGRATION COUNCIL.(Creighton, Emily) (Main Document 5 replaced on 12/21/2021) (zjf). (Entered: 12/21/2021)
2021-12-216SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (ztth) (Entered: 12/21/2021)
2022-01-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS & BORDER PROTECTION served on 12/28/2021; U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/28/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/29/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 1/28/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/29/2021. (Creighton, Emily) (Entered: 01/07/2022)
2022-01-288NOTICE of Appearance by Daniel Patrick Schaefer on behalf of All Defendants (Schaefer, Daniel) (Entered: 01/28/2022)
2022-01-289ANSWER to Complaint by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Schaefer, Daniel) (Entered: 01/28/2022)
2022-01-31MINUTE ORDER. 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 February 14, 2022. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 01/31/2022. (lcapm3) (Entered: 01/31/2022)
2022-02-1410Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 02/14/2022)
2022-02-15MINUTE ORDER. The parties shall the Joint Status Report described in the Minute Order of January 31, 2022, by March 16, 2022. Signed by Judge Amit P. Mehta on 02/15/2022. (lcapm3) (Entered: 02/15/2022)
2022-03-1611Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 03/16/2022)
2022-03-20MINUTE ORDER. The parties shall submit the Joint Status Report described in the Minute Order of January 31, 2022, by April 14, 2022. Signed by Judge Amit P. Mehta on 03/17/2022. (lcapm3) (Entered: 03/20/2022)
2022-04-1312Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 04/13/2022)
2022-04-1413MINUTE ORDER. The parties shall file an additional Joint Status Report by May 13, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 04/14/2022. (lcapm3) (Entered: 04/14/2022)
2022-04-14Set/Reset Deadlines: Joint Status Report due by 5/13/2022. (kt) (Entered: 04/14/2022)
2022-05-1314Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/13/2022)
2022-05-15MINUTE ORDER. The parties shall file an additional Joint Status Report by July 13, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 05/15/2022. (lcapm3) (Entered: 05/15/2022)
2022-07-1315Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/13/2022)
2022-07-14MINUTE ORDER. The parties shall file an additional Joint Status Report by September 13, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 07/13/2022. (lcapm3) (Entered: 07/14/2022)
2022-09-1316Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/13/2022)
2022-09-14MINUTE ORDER. The parties shall file an additional Joint Status Report by October 13, 2022, which advises whether any disputes remain and, if so, recommends a schedule for further proceedings. Signed by Judge Amit P. Mehta on 09/14/2022. (lcapm3) (Entered: 09/14/2022)
2022-10-1217NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Daniel P. Schaefer (Duffey, Thomas) (Entered: 10/12/2022)
2022-10-1318Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Creighton, Emily) (Entered: 10/13/2022)
2022-10-14MINUTE ORDER. The parties shall file an additional Joint Status Report by November 14, 2022, which advises whether any disputes remain and, if so, recommends a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/14/2022. (lcapm3) (Entered: 10/14/2022)
2022-10-2519MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Raul, Filing fee $ 100, receipt number ADCDC-9624822. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Creighton, Emily) (Entered: 10/25/2022)
2022-11-10MINUTE ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. Attorney Raul A. Pinto is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Amit P. Mehta on 11/10/2022. (lcapm3) (Entered: 11/10/2022)
2022-11-1020NOTICE of Appearance by Raul A. Pinto on behalf of AMERICAN IMMIGRATION COUNCIL (Pinto, Raul) (Entered: 11/10/2022)
2022-11-1421Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Pinto, Raul) (Entered: 11/14/2022)
2022-11-15MINUTE ORDER. The parties shall file an additional Joint Status Report by January 17, 2023, which advises whether any disputes remain and, if so, recommends a schedule for further proceedings. Signed by Judge Amit P. Mehta on 11/14/2022. (lcapm3) (Entered: 11/15/2022)
2023-01-1722Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Pinto, Raul) (Entered: 01/17/2023)
2023-01-18MINUTE ORDER. The parties shall file an additional Joint Status Report by March 17, 2023, which advises whether any disputes remain and, if so, recommends a schedule for further proceedings. Signed by Judge Amit P. Mehta on 01/18/2023. (lcapm3) (Entered: 01/18/2023)
2023-03-1723Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Pinto, Raul) (Entered: 03/17/2023)
2023-03-19MINUTE ORDER. The parties shall file an additional Joint Status Report by June 16, 2023, which proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 03/19/2023. (lcapm3) (Entered: 03/19/2023)
2023-06-1624Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 06/16/2023)
2023-06-19MINUTE ORDER. The parties shall file an additional Joint Status Report by July 18, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 06/19/2023. (lcapm3) (Entered: 06/19/2023)
2023-07-1825Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 07/18/2023)
2023-07-24MINUTE ORDER. The parties shall file an additional Joint Status Report by September 18, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 07/24/2023. (lcapm2) (Entered: 07/24/2023)
2023-09-1826Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 09/18/2023)
2023-09-20MINUTE ORDER. The parties shall file an additional Joint Status Report by November 17, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 09/20/2023. (lcapm3) (Entered: 09/20/2023)
2023-10-1727NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION COUNCIL. Attorney Emily Creighton terminated. (Creighton, Emily) (Entered: 10/17/2023)
2023-11-1728Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 11/17/2023)
2023-11-20MINUTE ORDER. The court no longer finds it acceptable that consulting agencies have not completed their review of potentially responsive records after more than one year. Defendants bear ultimate responsibility for producing the records requested, and they cannot simply say they have "no control over the timing of the return of [the] consults," ECF No. 28 at 1. See Keys v. Dep't of Homeland Sec. , 570 F. Supp. 2d 59, 70 (D.D.C. 2008) ("Because the agency who received the FOIA request... is the agency ultimately responsible for responding to the request, the agency is not absolved of its obligations under FOIA when it refers the documents elsewhere."); Hall v. CIA , 668 F. Supp. 2d 172, 182 (D.D.C. 2009) (holding that an agency that received and referred a FOIA request remained responsible for responding to the request and was required to "take affirmative steps to ensure that its referrals [were] being processed"). The parties shall file an additional Joint Status Report by January 15, 2024. Defendants shall provide concrete dates by which the consults will be completed. If Defendants fail to provide deadlines, or if those deadlines are not met, the court will consider sanctions, if appropriate. Signed by Judge Amit P. Mehta on 11/20/2023. (lcapm3) (Entered: 11/20/2023)
2024-01-1529Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 01/15/2024)
2024-01-21MINUTE ORDER. The parties shall file an additional Joint Status Report by March 15, 2024, which updates the court on the processing and production of responsive records. Additionally, absent good cause, Defendant DHS shall process and produce the responsive, non-exempt portions of the 57 pages referenced in the parties recent Joint Status Report, ECF No. 29, by March 12, 2024. Signed by Judge Amit P. Mehta on 1/21/2024. (lcapm3) (Entered: 01/21/2024)
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