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Case TitleNew Mexico Immigrant Law Center v. U.S. Immigration and Customs Enforcement
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2022cv00017
Date Filed2022-01-07
Date Closed2023-02-03
JudgeMagistrate Judge Jerry H. Ritter
PlaintiffNew Mexico Immigrant Law Center
Case DescriptionThe New Mexico Immigrant Law Center submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the treatment of detainees represented by NMILC. NMILC also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing from the agency, NMILC filed an administrative appeal. The agency ignored the appeal but continued to process NMILC's request. After hearing nothing further from the agency, NMILC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Expedited processing

DefendantU.S. Immigration and Customs Enforcement
DefendantCoreCivic, Inc.
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-071COMPLAINT against U.S. Immigration and Customs Enforcement ( Filing Fee - Online Payment), filed by New Mexico Immigrant Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Civil Cover Sheet)(Sheff, Rebecca) (Entered: 01/07/2022)
2022-01-07Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8063245 re 1 Complaint, filed by New Mexico Immigrant Law Center (Payment made via Pay.gov)(Sheff, Rebecca) (Entered: 01/07/2022)
2022-01-11United States Magistrate Judge Carmen E. Garza and United States Magistrate Judge Jerry H. Ritter assigned. (jg) (Entered: 01/11/2022)
2022-01-112PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Carmen E. Garza to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) (Entered: 01/11/2022)
2022-01-11Summons Issued as to U.S. Immigration and Customs Enforcement (2), U.S. Attorney and U.S. Attorney General (jg) (Entered: 01/11/2022)
2022-01-213SUMMONS Returned Executed by New Mexico Immigrant Law Center. U.S. Immigration and Customs Enforcement-Civil Process Clerk, US Attorney for NM served on 1/14/2022, answer due 3/15/2022. (Sheff, Rebecca) Modified text on 1/24/2022 (cer). (Entered: 01/21/2022)
2022-01-214SUMMONS Returned Executed by New Mexico Immigrant Law Center. U.S. Immigration and Customs Enforcement-Attorney General Of the USA served on 1/19/2022, answer due 3/21/2022. (Sheff, Rebecca) Modified text on 1/24/2022 (cer). (Entered: 01/21/2022)
2022-01-215SUMMONS Returned Executed by New Mexico Immigrant Law Center. U.S. Immigration and Customs Enforcement-ICE Office of the Principal Legal Advisor served on 1/21/2022, answer due 3/22/2022. (Sheff, Rebecca) Modified text on 1/24/2022 (cer). (Entered: 01/21/2022)
2022-01-216SUMMONS Returned Executed by New Mexico Immigrant Law Center.U.S. Immigration and Customs Enforcement-DHS Office of General Counsel served on 1/21/2022, answer due 3/22/2022. (Sheff, Rebecca) Modified text on 1/24/2022 (cer). (Entered: 01/21/2022)
2022-02-147ANSWER to 1 Complaint, by U.S. Immigration and Customs Enforcement. Related document: 1 Complaint, filed by New Mexico Immigrant Law Center.(Lucero, Manuel) (Entered: 02/14/2022)
2022-02-158NOTICE of Appearance by Manuel Lucero on behalf of U.S. Immigration and Customs Enforcement (Lucero, Manuel) (Entered: 02/15/2022)
2022-02-159CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), U.S. Immigration and Customs Enforcement voluntarily consent(s) to have United States Magistrate Judge Carmen E. Garza conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/15/2022)
2022-02-1610CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), New Mexico Immigrant Law Center voluntarily consent(s) to have United States Magistrate Judge Carmen E. Garza conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Benoit, Christopher) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/16/2022)
2022-02-1611INITIAL SCHEDULING ORDER by Magistrate Judge Jerry H. Ritter setting a Rule 16 Initial Scheduling Conference for 4/19/2022 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Joint Status Report and Provisional Discovery Plan due by 4/12/2022. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 3/30/2022. (cd) (Entered: 02/16/2022)
2022-02-1712NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 10 Consent to Proceed Before a U.S. Magistrate Judge, filed by New Mexico Immigrant Law Center and 9 Consent to Proceed Before a U.S. Magistrate Judge, filed by U.S. Immigration and Customs Enforcement. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bw) (Entered: 02/17/2022)
2022-04-0813Joint Status Report by New Mexico Immigrant Law Center (Benoit, Christopher) (Entered: 04/08/2022)
2022-04-1914Clerk's Minutes for proceedings held before Magistrate Judge Jerry H. Ritter: Telephonic Rule 16 Initial Scheduling Conference held on 4/19/2022. (cd) (Entered: 04/19/2022)
2022-04-1915SCHEDULING ORDER by Magistrate Judge Jerry H. Ritter. Motions on Vaughn index due 8/25/2022. Dispositive Motions due 9/8/2022. (cd) (Entered: 04/19/2022)
2022-04-1916ORDER by Magistrate Judge Jerry H. Ritter setting a Status Conference for 8/29/2022 at 04:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Counsel shall call my toll-free AT&T conference line at (888) 278-0296, enter access code 9998216, and press # to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cd) (Entered: 04/19/2022)
2022-07-1517Unopposed MOTION to Withdraw as Attorney (Zoila Alvarez Hernandez) by New Mexico Immigrant Law Center. (Sheff, Rebecca) (Entered: 07/15/2022)
2022-07-1518ORDER by Magistrate Judge Jerry H. Ritter granting 17 Unopposed Motion for Leave to Withdraw Appearance. Attorney Zoila Yamid Alvarez Hernandez terminated. (cd) (Entered: 07/15/2022)
2022-07-2919NOTICE OF CONSENT SUBMISSION DEADLINE: The parties are advised that the Clerk will reassign this matter to a new magistrate judge as the trial judge no later than 14 days from the entry of this notice. Pursuant to D.N.M.LR-Civ 73.2(a), the parties have an opportunity to consent to the current pre-trial magistrate judge. The parties are free to withhold consent. (am) (Entered: 07/29/2022)
2022-07-2920CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), U.S. Immigration and Customs Enforcement voluntarily consent(s) to have United States Magistrate Judge Jerry H. Ritter conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified text as per email Consent from Mr. Lucero on 8/2/2022 (cer). (Entered: 07/29/2022)
2022-08-0121CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), New Mexico Immigrant Law Center voluntarily consent(s) to have United States Magistrate Judge Jerry H. Ritter conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Sheff, Rebecca) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified text as per email Consent from Mr. Benoit on 8/2/2022 (cer). (Entered: 08/01/2022)
2022-08-0123NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 19 NOTICE OF CONSENT SUBMISSION DEADLINE. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng) (Entered: 08/03/2022)
2022-08-0222PLEASE TAKE NOTICE that this case has been reassigned to United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Kirtan Khalsa as the trial and pretrial judges. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Carmen E. Garza is no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng) (Entered: 08/02/2022)
2022-08-0424Joint MOTION to Extend (other) deadlines of the Briefing Schedule by U.S. Immigration and Customs Enforcement. (Lucero, Manuel) (Entered: 08/04/2022)
2022-08-0525ORDER EXTENDING DEADLINES by Magistrate Judge Kirtan Khalsa. The parties' Motion to Amend Briefing Schedule (Doc. 24) is granted. Vaughn index due by 9/16/2022. Dispositive motions due by 10/28/2022. (kmt) (Entered: 08/05/2022)
2022-08-1126NOTICE of Non-Availability by New Mexico Immigrant Law Center (Benoit, Christopher) Modified on 8/12/2022 (dr). (Entered: 08/11/2022)
2022-08-1227ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Kirtan Khalsa. A Telephonic Status Conference to discuss the scheduling of a Rule 16 Settlement Conference is set for Thursday, September 29, 2022 at 10:30 AM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T Conference Line at (877) 848-7030 and enter the Code 7324132 to connect to the proceedings. [ THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. ] (kmt) (Entered: 08/12/2022)
2022-08-1828ORDER re 16 by Magistrate Judge Jerry H. Ritter VACATING the Status Conference currently set for 8/29/2022 at 04:00 PM in light of the briefing schedule extensions 25 . [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cd) (Entered: 08/18/2022)
2022-09-2929Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Status Conference held on 9/29/2022. (kmt) (Entered: 09/29/2022)
2022-10-0430ORDER SETTING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. A Rule 16 Settlement Conference is set for 10/26/2022 at 09:30 AM via Zoom videoconferencing before Judge Khalsa. A Telephonic Pre-Settlement Status Conference is set for 10/20/2022 at 09:30 AM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Plaintiff's demand letter is due to Defendant by 10/7/2022. Defendant's counteroffer letter is due to Plaintiff by 10/14/2022. The parties' confidential position statements are due to the Court by 10/18/2022. (kmt) (Entered: 10/04/2022)
2022-10-0431ORDER EXTENDING DISPOSITIVE MOTIONS DEADLINE by Magistrate Judge Kirtan Khalsa. As stated at the Telephonic Status Conference held on September 29, 2022, (Doc. 29), the dispositive motions deadline in this matter (Doc. 25) is hereby extended to Wednesday, November 9, 2022 . [ THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. ] (kmt) (Entered: 10/04/2022)
2022-10-0632ORDER CHANGING TIME OF RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. Upon Defendant's unopposed request, the Rule 16 Settlement Conference previously set for October 26, 2022 at 9:30 AM is hereby VACATED and is RESET for Wednesday, October 26, 2022 at 10:30 AM . This Order changes only the time of the Rule 16 Settlement Conference. All other provisions of the Court's Order Setting Rule 16 Settlement Conference (Doc. 30) remain in effect. [ THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. ] (kmt) (Entered: 10/06/2022)
2022-10-2034Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Pre-Settlement Status Conference held on 10/20/2022. (kmt) (Entered: 10/20/2022)
2022-10-2535Unopposed MOTION to Intervene for a Limited Purpose by CoreCivic, Inc.. (Lee, Jacob) (Entered: 10/25/2022)
2022-10-2636ORDER DENYING LIMITED INTERVENTION BUT INVITING PARTICIPATION IN SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. (kmt) (Entered: 10/26/2022)
2022-10-2637Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Rule 16 Settlement Conference held on 10/26/2022. Partial settlement reached. Mediation continued to 11/3/2022. (kmt) (Entered: 10/26/2022)
2022-10-2638ORDER SETTING CONTINUED RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. The Rule 16 Settlement Conference commenced on October 26, 2022, is hereby continued to Thursday, November 3, 2022, at 09:30 AM via Zoom videoconferencing before Judge Khalsa. The rules set forth in the Court's Order Setting Rule 16 Settlement Conference (Doc. 30) and the Court's Sealed Notice of Zoom Information for October 26, 2022 Settlement Conference (Doc. 33) apply to the continued conference. [ THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. ] (kmt) (Entered: 10/26/2022)
2022-11-0239ORDER VACATING CONTINUED RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. The parties having notified the Court that they have resolved all substantive issues in this case, the Continued Rule 16 Settlement Conference previously set for November 3, 2022, at 9:30 AM (Doc. 38) is hereby VACATED. [ THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. ] (kmt) (Entered: 11/02/2022)
2022-12-0240STIPULATION as to Fees re: FOIA matter by U.S. Immigration and Customs Enforcement (Lucero, Manuel) (Entered: 12/02/2022)
2023-02-0341STIPULATION of Dismissal by U.S. Immigration and Customs Enforcement (Lucero, Manuel) (Entered: 02/03/2023)
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