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Case TitleKHAN et al v. DEPARTMENT OF HOMELAND SECURITY (DHS) et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02480
Date Filed2022-08-19
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffFRAZ KHAN
PlaintiffMALIK AND ASSOCIATES PLLC
Case DescriptionFraz Khan submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning his arrest and detention. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, Khan filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY (DHS)
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantCUSTOMS AND BORDER PROTECTION
DefendantCITIZENSHIP AND IMMIGRATION SERVICES
DefendantIMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantALEJANDRO MAYORKAS Secretary of US DHS
DefendantALEJANDRO N. MAYORKAS Secretary of US DHS
DefendantALEJANDRO N. MAYORKAS Secretary of US DHS
TERMINATED: 10/24/2023
DefendantCHRIS MAGNUS Commissioner of the US CBP
DefendantCHRIS MAGNUS Commissioner of the US CBP
TERMINATED: 10/24/2023
DefendantUR JADDOU Director of USCIS
DefendantUR M. JADDOU Director of USCIS
DefendantUR M. JADDOU Director of USCIS
TERMINATED: 10/24/2023
DefendantTAE JOHNSON Acting Director US ICE
DefendantTAE JOHNSON Acting Director US ICE
TERMINATED: 10/24/2023
DefendantCHRISTOPHER WRAY Director of the FBI
DefendantCHRISTOPHER WRAY Director of the FBI
TERMINATED: 10/24/2023
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-191COMPLAINT Original against All Defendants ( Filing fee $ 402 receipt number ADCDC-9454964) filed by MALIK AND ASSOCIATES PLLC, FRAZ KHAN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Malik, Adam) (Entered: 08/19/2022)
2022-08-192REQUEST FOR SUMMONS TO ISSUE filed by MALIK AND ASSOCIATES PLLC, FRAZ KHAN. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Malik, Adam) (Entered: 08/19/2022)
2022-08-193SEALED DOCUMENT filed by FRAZ KHAN, MALIK AND ASSOCIATES PLLC re 1 Complaint (This document is SEALED and only available to authorized persons.)(Malik, Adam) (Entered: 08/19/2022)
2022-08-23Case Assigned to Judge Timothy J. Kelly. (zmrl) (Entered: 08/23/2022)
2022-08-234SUMMONS (10) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(zmrl) (Entered: 08/23/2022)
2022-08-23NOTICE OF ERROR re 2 Request for Summons to Issue; emailed to amalik@malikfirm.com, cc'd 0 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. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmrl, ) (Entered: 08/23/2022)
2022-08-235REQUEST FOR SUMMONS TO ISSUE re 2 Request for Summons to Issue filed by MALIK AND ASSOCIATES PLLC, FRAZ KHAN. Related document: 2 Request for Summons to Issue filed by MALIK AND ASSOCIATES PLLC, FRAZ KHAN. (Attachments: # 1 Summons)(Malik, Adam) (Entered: 08/23/2022)
2022-08-246SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (ztth) (Entered: 08/24/2022)
2022-10-187Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY (DHS), FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT, UR JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO MAYORKAS, CHRISTOPHER WRAY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/18/2022)
2022-10-19MINUTE ORDER granting Defendants' 7 Consent Motion for Extension of Time to Answer or Otherwise Respond to 1 Complaint. It is hereby ORDERED, for good cause shown, that Defendants' 7 Consent Motion for Extension of Time is GRANTED. It is further ORDERED that Defendants shall file a response to Plaintiff's complaint by November 18, 2022. Signed by Judge Timothy J. Kelly on 10/19/2022. (lctjk2) (Entered: 10/19/2022)
2022-11-178Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY (DHS), FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT, UR JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO MAYORKAS, CHRISTOPHER WRAY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/17/2022)
2022-11-17MINUTE ORDER granting Defendants' 8 Consent Motion for Extension of Time to Answer or Otherwise Respond to 1 Complaint. It is hereby ORDERED, for good cause shown, that Defendants' 8 Consent Motion for Extension of Time is GRANTED. It is further ORDERED that Defendants shall file a response to Plaintiffs' complaint by December 1, 2022. Signed by Judge Timothy J. Kelly on 11/17/2022. (lctjk2) (Entered: 11/17/2022)
2022-11-179STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 11/17/2022. (lctjk2) (Entered: 11/17/2022)
2022-12-0110MOTION to Dismiss in Part , MOTION to Strike 1 Complaint (Motion to Strike Remainder of Complaint) by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT, UR JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO MAYORKAS, CHRISTOPHER WRAY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/01/2022)
2022-12-1511Consent MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss in Part MOTION to Strike 1 Complaint (Motion to Strike Remainder of Complaint) by FRAZ KHAN, MALIK AND ASSOCIATES PLLC. (Attachments: # 1 Proposed Order)(Malik, Adam) (Entered: 12/15/2022)
2022-12-16MINUTE ORDER granting Plaintiffs' 11 Consent Motion For Extension Of Time To File Response To 10 Motion To Dismiss. It is hereby ORDERED, for good cause shown, that Plaintiffs' 11 Motion is GRANTED. It is further ORDERED that Plaintiffs shall file their response to Defendants' 10 Motion To Dismiss In Part And To Strike Remainder Of Complaint by January 6, 2023. Signed by Judge Timothy J. Kelly on 12/16/2022. (lctjk2) (Entered: 12/16/2022)
2023-01-0612Memorandum in opposition to re 10 Motion to Dismiss,, Motion to Strike, Response to Motion to Dismiss filed by FRAZ KHAN. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Exhibits)(Malik, Adam) (Entered: 01/06/2023)
2023-01-1113Consent MOTION for Extension of Time to File Reply in Support of Motion to Dismiss in Part and to Strike by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT, UR JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO MAYORKAS, CHRISTOPHER WRAY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 01/11/2023)
2023-01-11MINUTE ORDER granting Defendants' 13 Consent Motion for Extension of Time to File Reply in Support of 10 Motion to Dismiss in Part and to Strike. It is hereby ORDERED, for good cause shown, that Defendants' 13 Consent Motion is GRANTED. It is further ORDERED that Defendants shall file their reply in support of the 10 Motion to Dismiss in Part and to Strike by January 30, 2023. Signed by Judge Timothy J. Kelly on 1/11/2023. (lctjk2) (Entered: 01/11/2023)
2023-01-2614Consent MOTION for Extension of Time to File Reply In Support of Motion to Dismiss in Part and to Strike by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT, UR JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO MAYORKAS, CHRISTOPHER WRAY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 01/26/2023)
2023-01-30MINUTE ORDER granting Defendants' 14 Consent Motion for Extension of Time to File Reply in Support of 10 Motion to Dismiss in Part and to Strike. It is hereby ORDERED, for good cause shown, that Defendants' 14 Consent Motion is GRANTED. It is further ORDERED that Defendants shall file their reply in support of the 10 Motion to Dismiss in Part and to Strike by February 3, 2023. Signed by Judge Timothy J. Kelly on 1/30/2023. (lctjk2) (Entered: 01/30/2023)
2023-02-0315REPLY to opposition to motion re 10 MOTION to Dismiss in Part MOTION to Strike 1 Complaint (Motion to Strike Remainder of Complaint) filed by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT, UR JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO MAYORKAS, CHRISTOPHER WRAY. (Simon, Jeremy) (Entered: 02/03/2023)
2023-09-2516MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 10 Motion to Dismiss in Part and to Strike Remainder of Complaint. See Memorandum Opinion and Order for details. Signed by Judge Timothy J. Kelly on 9/25/2023. (lctjk2) (Entered: 09/25/2023)
2023-10-2417AMENDED COMPLAINT against CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT filed by FRAZ KHAN. (Attachments: # 1 Exhibit Exhibits A-D, # 2 Exhibit Exhibits E-G)(Malik, Adam) (Entered: 10/24/2023)
2023-10-2418SEALED DOCUMENT filed by FRAZ KHAN re 17 Amended Complaint, (This document is SEALED and only available to authorized persons.)(Malik, Adam) (Entered: 10/24/2023)
2023-11-0619MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/06/2023)
2023-11-08MINUTE ORDER treating as opposed and granting Defendants' 19 Motion for Extension of Time to Answer or Otherwise Respond. Upon consideration of Defendants' 19 Motion, it is hereby ORDERED, nunc pro tunc to November 7, 2023, and for good cause shown, that the motion is granted. It is further ORDERED that Defendants shall answer or otherwise respond to the amended complaint by November 28, 2023. Signed by Judge Timothy J. Kelly on 11/8/2023. (lctjk2) (Entered: 11/08/2023)
2023-11-2820MOTION to Dismiss or Alternatively , MOTION to Strike 17 Amended Complaint, and Supporting Memorandum by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/28/2023)
2023-12-1221Memorandum in opposition to re 20 Motion to Dismiss,, Motion to Strike, filed by FRAZ KHAN. (Attachments: # 1 Proposed Order)(Malik, Adam) (Entered: 12/12/2023)
2023-12-1922REPLY to opposition to motion re 20 MOTION to Dismiss or Alternatively MOTION to Strike 17 Amended Complaint, and Supporting Memorandum filed by CITIZENSHIP AND IMMIGRATION SERVICES, CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 12/19/2023)
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