Case Detail

FOIA Project Annotation: After an in camera review of a sampling of documents for which Immigration and Customs Enforcement claimed a variety of privileges, U.S. District Court Judge Jed Rakoff has largely eviscerated the agency's claims that the records are actually privileged and has ordered the agency to apply his findings to the entire universe of documents currently being withheld from a coalition of public interest groups. The case involved a request for records pertaining to the agency's announced policy that individuals who had been deported as the result of an administrative proceeding would have their previous status restored if the order was subsequently reversed by an appellate court. This included informing the individual of the status change and facilitating his or her re-entry into the United States. Because the public interest groups were skeptical about the agency's implementation of such a policy, they requested all records discussing it. In initially processing the request, ICE produced 587 pages of email records primarily from the Office of the Principal Legal Advisor. ICE subsequently located over 3,900 pages of responsive records, which it agreed to produce at a rate of 500 pages every two weeks. As of the time of Rakoff's ruling, the agency had produced approximately 3,400 pages. In its Vaughn index covering some but not all of the responsive records, the agency redacted 45 documents under Exemption 5 (privileges). This included 30 documents for which the deliberative process privilege was claimed, 29 documents for which the attorney work-product privilege was claimed, and 15 documents for which the attorney-client privilege was claimed. Most of the redacted documents contained discussions between OPLA and other government attorneys. Based on the reasonably small number of documents, the parties agreed to an in camera review. Rakoff first addressed the applicability of the deliberative process privilege. The agency claimed the privilege applied to deliberations concerning specific cases. But Rakoff pointed out that "such material, which focuses on how existing policy applied to 'specific case[s],' is not, however, predecisional, because it consists entirely of 'opinions about the applicability of existing policy to a certain a state of facts.' Indeed, the Government�"without ever identifying when it adopted its general policy of returning deportees who prevail on appeal and restoring their status�"has consistently represented that the core practice has existed for some time." Nevertheless, the agency argued the privilege still applied. The agency claimed that other staff made the ultimate determination and that, thus, the attorneys were only providing advice. Rejecting the claim, Rakoff explained that "this argument, however, cannot overcome the fact that the decisions described in the documents at issue, regardless of who has ultimate authority to make them, are not the types of decisions to which the deliberative process privilege applies, i.e., decisions about the formulation, rather than the application of policies." The agency next argued that the advice was informal rather than formal. But Rakoff pointed out that "the Government's proposed distinction, if accepted, would have the absurd result of giving agencies greater protection against FOIA disclosure when they expound their working laws haphazardly than when they follow written directives. The Government does not explain why the public has a diminished interest in knowing that an agency applies its existing policies to specific factual situations in an ad hoc and unguided manner." The agency contended that disclosure would harm the free flow of advice. However, Rakoff indicated that "this argument proves too much. While the deliberative-process privilege protects agencies from the type of scrutiny that might interfere with policy formulation, overly broad protection from all scrutiny would frustrate the very purposes of FOIA. Without some account�"not here proffered�"of how disclosure will adversely affect the formulation of policy, rather than the process of interpretation and exposition which constitutes an 'agency's effective law and policy,' ICE cannot invoke the deliberative-process privilege with respect to the documents in question." Turning to the attorney work-product privilege, Rakoff pointed out that the privilege was not applicable because there was no pending litigation involved. The agency argued that "the appellate reversals that trigger ICE's efforts to return removed aliens and to restore their previous statuses also remand the aliens' cases for further proceedings before the [agency]." But Rakoff noted that "the mere fact that two occurrences share a common cause says nothing about any causal relationship between the two. The mailman's visit may excite my dog, but my dog is not excited because I have received the information. Neither does the fact that the mailman's visit always excites my dog make a causal relationship any likelier. . . Because this overbroad argument fails as a matter of logic, it cannot carry the Government's burden." Rakoff explained that "upon analyzing the relationship between the return of an alien, the restoration of her status, and the continuation of her removal proceedings before [the agency], the Court finds that the relationship is merely coincidental. . . Nowhere in [its policy] does ICE indicate that its attorneys' 'legal theories' and 'strategies' influence the decision to return an alien. . . [R]evealing how ICE returns a deported alien and restores status does not divulge what ICE's work-product doctrine protects, namely, ICE's legal strategies in that alien's future removal proceedings." He pointed out that "ICE's participation in ongoing removal proceedings simply coincides with its implementation of [its] policy and ICE cannot invoke the work-product privilege with respect to communications that merely describes the implementation of its policy." Rakoff rejected the agency's claims under the attorney-client privilege as well after concluding that they did not impart any confidential information about the agency. The agency argued that the attorney's were not the final decision-makers and that their advice was informal. Rakoff responded that "however, an attorney's authority and formality are irrelevant to the determination of whether a client communicates confidential information." The agency also argued the documents were not widely distributed within the agency. Rakoff pointed out that "but even a showing that ICE kept documents confidential by restricting their distribution cannot relieve the Government of the burden of showing that the documents initially contained confidential information."
Issues: Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2011-05-12	1	COMPLAINT against United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Filing Fee $ 350.00, Receipt Number 1006641)Document filed by American Civil Liberties Union Foundation, Post- Deportation Human Rights Project, Rachel Rosenbloom, National Immigration Project Of The National Lawyers Guild, Immigrant Defense Project. (Attachments: # 1 Exhibit A-K, # 2 Exhibit L-FF)(ama) (Entered: 05/16/2011)
2011-05-12		SUMMONS ISSUED as to United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (ama) (Entered: 05/16/2011)
2011-05-12		CASE REFERRED TO Judge Shira A. Scheindlin as possibly related to 1:10-cv-2705. (ama) (Entered: 05/16/2011)
2011-05-12		Case Designated ECF. (ama) (Entered: 05/16/2011)
2011-05-12	2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying the Fund for the City of New York(FCNY) as Corporate Parent. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom.(ama) (Entered: 05/16/2011)
2011-05-18	3	AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by American Civil Liberties Union Foundation, Post- Deportation Human Rights Project, Rachel Rosenbloom, National Immigration Project Of The National Lawyers Guild, Immigrant Defense Project. (Morawetz, Nancy) (Entered: 05/18/2011)
2011-05-19	4	NOTICE OF APPEARANCE by Patricia L. Buchanan on behalf of United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement (Buchanan, Patricia) (Entered: 05/19/2011)
2011-05-23		CASE ACCEPTED AS RELATED. Create association to 1:10-cv-02705-SAS. Notice of Assignment to follow. (sjo) (Entered: 05/24/2011)
2011-05-23	5	NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (sjo) (Entered: 05/24/2011)
2011-05-23		Magistrate Judge Kevin Nathaniel Fox is so designated. (sjo) (Entered: 05/24/2011)
2011-05-23	6	MEMO ENDORSEMENT on STATEMENT IN SUPPORT OF RELATED CASE FILING. ENDORSEMENT: The Clerk of the Court is ordered to docket this statement. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/21/2011) (lnl) (Entered: 05/24/2011)
2011-05-23	7	MEMO ENDORSEMENT on LETTER to Judge Shira A. Scheindlin from Nancy Morawitz. ENDORSEMENT: The Clerk of the Court is ordered to docket this letter. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/21/2011) (lnl) (Entered: 05/24/2011)
2011-05-23	8	MEMO ENDORSEMENT on LETTER to Judge Shira A. Scheindlin from Patricia L. Buchanan. ENDORSEMENT: The Government has requested that this letter be docketed. The Clerk of the Court is ordered to docket this letter. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/21/2011) (lnl) (Entered: 05/24/2011)
2011-06-16	9	STIPULATION AND ORDER, that the date for Defendants to answer, move, or otherwise respond to the complaint is hereby adjourned to July 18, 2011. (Signed by Judge Shira A. Scheindlin on 6/15/11) (pl) (Entered: 06/17/2011)
2011-07-18	10	ANSWER to 1 Complaint,,. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement.(Cargo, Shane) (Entered: 07/18/2011)
2011-07-27	11	ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/24/2011 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 7/26/11) (cd) (Entered: 07/27/2011)
2011-08-30		Minute Entry for proceedings held before Judge Shira A. Scheindlin: Initial Pretrial Conference held on 8/30/2011. (pl) (Entered: 09/15/2011)
2011-09-09	12	NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Shira A. Scheindlin is no longer assigned to the case. (pgu) (Entered: 09/09/2011)
2011-10-07	13	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. Responses due by 10/28/2011 Return Date set for 11/17/2011 at 02:00 PM. (Attachments: # 1 Supplement Memorandum of Law, # 2 Supplement 56.1 Statement, # 3 Exhibit Exhibit List, # 4 Exhibit Exhibits A-N, # 5 Exhibit Exhibits O-R, # 6 Exhibit Exhibits S-Z, # 7 Exhibit Exhibits AA-DD, # 8 Exhibit Exhibits EE-GG)(Morawetz, Nancy) Modified on 10/11/2011 (ldi). (Entered: 10/07/2011)
2011-10-07		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Nancy Babette Morawetz to RE-FILE Document 13 MOTION for Summary Judgment. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. Rule 56.1 Statement is found under the event list Other Answers. NOTE: You must sign the Rule 56.1 Statement before re-filing. (ldi) (Entered: 10/11/2011)
2011-10-11	14	MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. Responses due by 10/28/2011 Return Date set for 11/17/2011 at 02:00 PM.(Morawetz, Nancy) (Entered: 10/11/2011)
2011-10-11	15	MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 10/11/2011)
2011-10-11	16	RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Attachments: # 1 Exhibit List, # 2 Exhibit A-N, # 3 Exhibit O-R, # 4 Exhibit S-Z, # 5 Exhibit AA-DD, # 6 Exhibit EE-GG)(Morawetz, Nancy) (Entered: 10/11/2011)
2011-10-28	17	MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment.. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Buchanan, Patricia) (Entered: 10/28/2011)
2011-10-28	18	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Notice of Motion re: 17 Memorandum of Law in Support of Motion. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Buchanan, Patricia) Modified on 10/31/2011 (ldi). (Entered: 10/28/2011)
2011-10-28	19	DECLARATION of Patricia L. Buchanan in Support re: 14 MOTION for Summary Judgment.. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Buchanan, Patricia) (Entered: 10/28/2011)
2011-10-28		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Patricia L. Buchanan to RE-FILE Document 18 Notice (Other), Notice (Other). Use the event type Partial Summary Judgment found under the event list Motions. (ldi) (Entered: 10/31/2011)
2011-10-31	20	CROSS MOTION for Partial Summary Judgment. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. Return Date set for 11/17/2011 at 04:00 PM.(Buchanan, Patricia) (Entered: 10/31/2011)
2011-11-09	21	RESPONSE in Opposition re: 20 CROSS MOTION for Partial Summary Judgment.. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 11/09/2011)
2011-11-16	22	NOTICE of Law Student Intern Appearance Form. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 11/16/2011)
2011-11-16	23	NOTICE of Law Student Intern Appearance Form. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 11/16/2011)
2012-01-27	24	TRANSCRIPT of Proceedings re: Conference held on 11/17/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2012. Redacted Transcript Deadline set for 3/1/2012. Release of Transcript Restriction set for 4/30/2012.(McGuirk, Kelly) (Entered: 01/27/2012)
2012-01-27	25	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/17/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/27/2012)
2012-02-07	26	OPINION AND ORDER re: #101401 20 CROSS MOTION for Partial Summary Judgment filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 14 MOTION for Summary Judgment filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom. Accordingly, the Court partial grants plaintiffs' motion for summary judgment and orders the Government to disclose the portions of the email chain that contain factual descriptions of the putative policy the existence of which the OSG asserted in Nken. Based on its in camera review of the email chain, the Court concludes that the following portions contain such descriptions, as further set forth in this document. Barring further applications, the Government is directed to disclose these portions to plaintiffs by no later than February 13, 2012. In the meantime, the Court will file under seal a complete copy of the entire email chain that it reviewed in camera. In all other respects, the plaintiffs' motion is denied and the Government's crossmotion is granted, and the Clerk of the Court is ordered to close documents number 14 and 20 on the docket of this case. (Signed by Judge Jed S. Rakoff on 2/7/2012) (cd) Modified on 2/10/2012 (jab). (Entered: 02/07/2012)
2012-02-07	27	NOTICE OF CHANGE OF ADDRESS by Nancy Babette Morawetz on behalf of All Plaintiffs. New Address: Washington Square Legal Services, 245 Sullivan Street, 5th Floor, New York, NY, USA 10012, 212-998-6451. (Morawetz, Nancy) (Entered: 02/07/2012)
2012-02-15	28	SEALED DOCUMENT placed in vault.(mps) (Entered: 02/15/2012)
2012-02-24	29	ORDER: the Court finds, that the Government has satisfied all of the four factors, warranting a 60-day stay in the case. The Court therefore grants that stay, effective today. (Signed by Judge Jed S. Rakoff on 2/24/2012) (pl) (Entered: 02/24/2012)
2012-02-24	30	Letter Brief addressed to Judge Jed S. Rakoff from PATRICIA L. BUCHANAN dated 2/10/2012 re: we write respectfully on behalf of defendants in the above-named action (the "Government"). We request a stay of the Court's Order dated February 7, 2012 (the "Order"), initially for 60 days (until April 9, 2012) pending the Government's consideration of whether to appeal, and should the Acting Solicitor General decide to appeal, a stay pending appeal to take effect upon filing of a notice of appeal.. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement.(pl) (Entered: 02/24/2012)
2012-02-24	31	Letter addressed to Judge Jed S. Rakoff from Nancy Morawetz dated 2/19/2012 re: counsel for plaintiffs write in response to the defendant Government's submission of additional emails and documents that were discovered during a complete search that the Office of the Solicitor General ("OSG") undertook only after the receipt of a partially adverse decision from this Court. We respectfully request that this Court extend its analysis and in camera review to the emails that were exchanged before, and in preparation of, the submission of the Government's brief in Nken v. Holder on January 7, 2009.. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom.(pl) (Entered: 02/24/2012)
2012-02-24	32	Letter Brief addressed to Judge Jed S. Rakoff from Nancy Morawetz dated 2/14/2012 re: counsel for Plaintiffs write in response to the defendant Government's February 10, 2012 letter requesting a stay ofthe Court's Order dated February 7, 2012 (the "Order"). Plaintiffs oppose the Government's request because the Government has not met its burden of justifying further delay in providing critical information contained in the Office of the Solicitor General emails regarding a purported government policy and practice for returning deported individuals who prevail in their cases.. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom.(pl) (Entered: 02/24/2012)
2012-02-24	33	Letter addressed to Judge Jed S. Rakoff from Patricia L. Buchanan dated 2/20/2012 re: counsel for defendants writes respectfully in reply to Plaintiffs' February 19, 2012 letter that was submitted in response to the Government's additional disclosures on February 16, and to submit a revised Vaughn Index that has been previously provided to Plaintiffs.. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (pl) (Entered: 02/24/2012)
2012-03-01	34	SEALED DOCUMENT placed in vault.(nm) (Entered: 03/01/2012)
2012-03-12	35	SECOND MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. Responses due by 4/2/2012 Return Date set for 4/26/2012 at 05:00 PM. (Attachments: # 1 Exhibit List of Exhibits, # 2 Exhibit A-F, # 3 Exhibit G-K, # 4 Exhibit L-Q, # 5 Exhibit R-U, # 6 Exhibit V-Z, # 7 Exhibit AA-FF, # 8 Exhibit GG-MM, # 9 Exhibit NN-SS, # 10 Exhibit TT-YY, # 11 Exhibit ZZ-FFF, # 12 Exhibit GGG-KKK, # 13 Exhibit LLL-PPP, # 14 Exhibit QQQ-UUU)(Morawetz, Nancy) (Entered: 03/12/2012)
2012-03-12	36	RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 03/12/2012)
2012-03-12	37	MEMORANDUM OF LAW in Support re: 35 SECOND MOTION for Summary Judgment.. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 03/12/2012)
2012-03-14	38	AMENDED MOTION for Summary Judgment with amended Exhibit HH . Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. Responses due by 4/2/2012 Return Date set for 4/26/2012 at 05:00 PM. (Attachments: # 1 Exhibit List fo Exhibits, # 2 Exhibit A-F, # 3 Exhibit G-K, # 4 Exhibit L-Q, # 5 Exhibit R-U, # 6 Exhibit V-Z, # 7 Exhibit AA-FF, # 8 Exhibit GG-MM, # 9 Exhibit NN-SS, # 10 Exhibit TT-YY, # 11 Exhibit ZZ-FFF, # 12 Exhibit GGG-KKK, # 13 Exhibit LLL-PPP, # 14 Exhibit QQQ-UUU)(Morawetz, Nancy) (Entered: 03/14/2012)
2012-04-02	39	CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. Responses due by 4/16/2012 Return Date set for 4/26/2012 at 05:00 PM.(Buchanan, Patricia) (Entered: 04/02/2012)
2012-04-02	40	DECLARATION of Patricia Buchanan in Support re: 39 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C.1, # 4 Exhibit C.2, # 5 Exhibit C.3, # 6 Exhibit C.4, # 7 Exhibit D.1, # 8 Exhibit D.2, # 9 Exhibit E.1, # 10 Exhibit E.2, # 11 Exhibit E.3, # 12 Exhibit E.4, # 13 Exhibit E.5, # 14 Exhibit E.6, # 15 Exhibit E.7, # 16 Exhibit E.8, # 17 Exhibit E.9, # 18 Exhibit E.10, # 19 Exhibit E.11, # 20 Exhibit E.12, # 21 Exhibit E.13, # 22 Exhibit E.14, # 23 Exhibit E.15, # 24 Exhibit E.16, # 25 Exhibit E.17, # 26 Exhibit E.18, # 27 Exhibit E.19, # 28 Exhibit E.20, # 29 Exhibit E.21, # 30 Exhibit E.22, # 31 Exhibit E.23, # 32 Exhibit E.24, # 33 Exhibit E.25, # 34 Exhibit E.26, # 35 Exhibit E.27, # 36 Exhibit E.28, # 37 Exhibit E.29, # 38 Exhibit E.30, # 39 Exhibit E.31, # 40 Exhibit E.32, # 41 Exhibit E.33, # 42 Exhibit F, # 43 Exhibit G, # 44 Exhibit H, # 45 Exhibit I)(Buchanan, Patricia) (Entered: 04/02/2012)
2012-04-02	41	MEMORANDUM OF LAW in Support re: 39 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Buchanan, Patricia) (Entered: 04/02/2012)
2012-04-09	42	NOTICE OF APPEAL (Filed in Night Deposit Box at 8:33pm on 4/9/12) from 26 Memorandum & Opinion. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp) Modified on 4/10/2012 (tp). (Entered: 04/10/2012)
2012-04-09		Appeal Remark as to 42 Notice of Appeal, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security. NO FEE. U.S.A. (tp) (Entered: 04/10/2012)
2012-04-10		Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 42 Notice of Appeal. (tp) (Entered: 04/10/2012)
2012-04-10		Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 11 Order for Initial Pretrial Conference, 22 Notice (Other), Notice (Other) filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 25 Notice of Filing Transcript, 13 MOTION for Summary Judgment filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 39 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 2 Rule 7.1 Corporate Disclosure Statement, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 8 Memo Endorsement, 10 Answer to Complaint, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 4 Notice of Appearance, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 5 Notice of Case Assignment/Reassignment, 26 Memorandum & Opinion, 37 Memorandum of Law in Support of Motion, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 21 Response in Opposition to Motion, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 18 Notice (Other), Notice (Other) filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 27 Notice of Change of Address filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 12 Notice of Case Assignment/Reassignment, 19 Declaration in Support of Motion, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 31 Letter, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 41 Memorandum of Law in Support of Motion, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 38 AMENDED MOTION for Summary Judgment with amended Exhibit HH filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 9 Stipulation and Order, Set Deadlines, 42 Notice of Appeal, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 29 Order, 23 Notice (Other), Notice (Other) filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 35 SECOND MOTION for Summary Judgment filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 16 Rule 56.1 Statement, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 1 Complaint, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 7 Memo Endorsement, 30 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 17 Memorandum of Law in Support of Motion, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 24 Transcript,, 20 CROSS MOTION for Partial Summary Judgment filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 15 Memorandum of Law in Support of Motion, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 32 Letter, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 6 Memo Endorsement, 40 Declaration in Support of Motion, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 36 Rule 56.1 Statement filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 3 Affidavit of Service as to USA, filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 14 MOTION for Summary Judgment filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 33 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security were transmitted to the U.S. Court of Appeals. (tp) (Entered: 04/10/2012)
2012-04-16	43	RESPONSE in Opposition re: 39 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment . Memorandum of Law in Reply to Government's Opposition to Plaintiffs' Second Motion for Partial Summary Judgment and in Opposition to Government's Cross-Motion for Partial Summary Judgment . Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Attachments: # 1 Exhibit AAAA Declaration of Nancy Morawetz)(Morawetz, Nancy) (Entered: 04/16/2012)
2012-04-24	44	NOTICE of Law Student Intern Appearance re: 37 Memorandum of Law in Support of Motion, 38 AMENDED MOTION for Summary Judgment with amended Exhibit HH ., 35 SECOND MOTION for Summary Judgment., 43 Response in Opposition to Motion,, 36 Rule 56.1 Statement. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 04/24/2012)
2012-04-24	45	NOTICE of Law Student Intern Appearance re: 37 Memorandum of Law in Support of Motion, 38 AMENDED MOTION for Summary Judgment with amended Exhibit HH ., 35 SECOND MOTION for Summary Judgment., 43 Response in Opposition to Motion,, 36 Rule 56.1 Statement. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 04/24/2012)
2012-04-25	46	Letter addressed to Judge Jed S.Rakoff dated 4/24/2012 re: This letter is submitted in order to clarify and correct a statement contained in the government's brief in Nken v. Holder, 556 U.S. 418 (2009), which was submitted to this Court on January 7, 2009. (ama) (Entered: 04/25/2012)
2012-04-25	47	ORDER: Based on the Government's representations, the Court, with the parties' consent, hereby extends the stay imposed on February 24, 2012 until April 30, 2012. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/24/2012) (ama) (Entered: 04/25/2012)
2012-04-27		Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 4/27/2012 re Pltffs FOIA app. challenging the adequacy of the Gov'ts search inresponse to their request & DEFT'S CROSS MOTION FOR SUMMARY JUDGMENT. (cd) (Entered: 05/14/2012)
2012-05-01	48	ORDER: In a telephonic conference today between the parties and Chambers, the Court, at the parties' request, agreed to extend the stay imposed on February 24, 2012 until May 8, 2012. (Signed by Judge Jed S. Rakoff on 4/30/2012) (mro) (Entered: 05/01/2012)
2012-05-01	49	MANDATE of USCA (Certified Copy) as to 42 Notice of Appeal, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security USCA Case Number 12-1411....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/01/2012. (nd) (Entered: 05/01/2012)
2012-05-10	50	ORDER: Upon consent of the parties, the disclosures ordered by this Court's Memorandum Order dated February 24,2012 are hereby modified, on consent, as follows: the chart included in the email sent January 9, 2009 at 3: 57 P. M. will be disclosed in the form attached hereto as Exhibit A. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/09/2012) (ama) (Entered: 05/10/2012)
2012-05-12	51	THIRD MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. Responses due by 6/1/2012 Return Date set for 6/11/2012 at 11:59 PM. (Attachments: # 1 Exhibit List, # 2 Exhibit Part 1, # 3 Exhibit Part 2, # 4 Exhibit Part 3, # 5 Exhibit Part 4, # 6 Exhibit Part 5, # 7 Exhibit Part 6, # 8 Exhibit Part 7, # 9 Exhibit Part 8, # 10 Exhibit Part 9, # 11 Exhibit Part 10, # 12 Exhibit Part 11, # 13 Exhibit Part 12, # 14 Exhibit Part 13, # 15 Exhibit Part 14, # 16 Exhibit Part 15, # 17 Exhibit Part 16, # 18 Exhibit Part 17, # 19 Exhibit Part 18, # 20 Exhibit Part 19, # 21 Exhibit Part 20)(Morawetz, Nancy) (Entered: 05/12/2012)
2012-05-12	52	FIRST MEMORANDUM OF LAW in Support re: 51 THIRD MOTION for Summary Judgment.. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 05/12/2012)
2012-06-01	53	CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Third Motion for Partial Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. Responses due by 6/11/2012 Return Date set for 6/18/2012 at 04:00 PM.(Cargo, Shane) (Entered: 06/01/2012)
2012-06-01	54	MEMORANDUM OF LAW in Support re: 53 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Third Motion for Partial Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Cargo, Shane) (Entered: 06/01/2012)
2012-06-04	55	DECLARATION of Shane Cargo in Support re: 53 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Third Motion for Partial Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C Part 1, # 4 Exhibit C Part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Cargo, Shane) (Entered: 06/04/2012)
2012-06-11	56	MEMORANDUM OF LAW in Opposition re: 53 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Third Motion for Partial Summary Judgment .. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 06/11/2012)
2012-06-11	57	AFFIRMATION of Nancy Morawetz in Opposition re: 53 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Third Motion for Partial Summary Judgment .. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Morawetz, Nancy) (Entered: 06/11/2012)
2012-06-11	58	TRANSCRIPT of Proceedings re: ARGUMENT held on 4/27/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2012. Redacted Transcript Deadline set for 7/16/2012. Release of Transcript Restriction set for 9/13/2012.(McGuirk, Kelly) (Entered: 06/11/2012)
2012-06-11	59	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/11/2012)
2012-06-11	60	THIRD MOTION for Partial Summary Judgment (Refiling Exhibits) . Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. Responses due by 6/1/2012 Return Date set for 6/18/2012 at 04:00 PM. (Attachments: # 1 Exhibit List, # 2 Exhibit A-D, # 3 Exhibit E-W, # 4 Exhibit X-KK)(Morawetz, Nancy) (Entered: 06/11/2012)
2012-06-11	61	NOTICE OF APPEARANCE by Trina A. Realmuto on behalf of National Immigration Project Of The National Lawyers Guild (Realmuto, Trina) (Entered: 06/11/2012)
2012-06-11	62	NOTICE OF APPEARANCE by Alina Das on behalf of American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom (Das, Alina) (Entered: 06/11/2012)
2012-06-26	63	OPINION AND ORDER: re: #102016 39 CROSS MOTION for Partial Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment . filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 38 AMENDED MOTION for Summary Judgment with amended Exhibit HH . filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom, 35 SECOND MOTION for Summary Judgment. filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom.In the absence of any further applications, the Government is directed to disclose these portions to plaintiffs by no later than August 31, 2012. In the meantime, the Court will file under seal a complete copy of the entire set of documents that it reviewed in camera. The Clerk of the Court is ordered to close documents number 35,38 and 39 on the docket of this case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/25/2012) (ama) Modified on 7/2/2012 (jab). (Entered: 06/26/2012)
2012-06-26		Transmission to Sealed Records Clerk. Transmitted re: 63 Memorandum & Opinion, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama) (Entered: 06/26/2012)
2012-07-02	64	SEALED DOCUMENT placed in vault.(nm) (Entered: 07/02/2012)
2012-07-02	65	SEALED DOCUMENT placed in vault.(mps) (Entered: 07/02/2012)
2012-08-15		Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/15/2012. (Kotowski, Linda) (Entered: 09/13/2012)
2012-08-17	66	TRANSCRIPT of Proceedings re: CONFERNCE held on 6/18/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2012. Redacted Transcript Deadline set for 9/20/2012. Release of Transcript Restriction set for 11/19/2012.(McGuirk, Kelly) (Entered: 08/17/2012)
2012-08-17	67	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 6/18/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/17/2012)
2012-08-23	68	TRANSCRIPT of Proceedings re: ARGUMENT held on 4/27/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2012. Redacted Transcript Deadline set for 9/27/2012. Release of Transcript Restriction set for 11/26/2012.(McGuirk, Kelly) (Entered: 08/23/2012)
2012-08-23	69	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/23/2012)
2012-12-27	70	MEMORANDUM ORDER granting in part and denying in part 51 Motion for Summary Judgment; granting in part and denying in part 53 Motion for Partial Summary Judgment; granting in part and denying in part 60 Motion for Partial Summary Judgment. In sum, for the reasons described above, the Court grants and denies each party's motion for summary judgment in part. In the absence of any further applications, the Government is directed to inform the plaintiffs by January 31, 2013 of the steps it has taken and plans to take in order to comply with each of the orders described above. In the meantime, the Court orders the parties to jointly call Chambers by no later than January 15, 2013 to schedule whatever further proceedings, if any, are necessary. The Clerk of the Court is ordered to close documents number 51, 53, and 60 on the docket of this case. (Signed by Judge Jed S. Rakoff on 12/26/2012) (lmb) (Entered: 12/27/2012)
2013-01-24	71	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #72) - FIRST MOTION for Reconsideration re; 70 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, of Order Requiring OIL Email Search . Document filed by United States Department of Justice. Return Date set for 2/7/2013 at 11:59 PM.(Cargo, Shane) Modified on 1/25/2013 (ldi). (Entered: 01/24/2013)
2013-01-24	72	FIRST MOTION for Reconsideration. Document filed by United States Department of Justice. Return Date set for 2/7/2013 at 11:59 PM.(Cargo, Shane) (Entered: 01/24/2013)
2013-01-24	73	MEMORANDUM OF LAW in Support re: 72 FIRST MOTION for Reconsideration.. Document filed by United States Department of Justice. (Cargo, Shane) (Entered: 01/24/2013)
2013-02-07	74	FIRST MEMORANDUM OF LAW in Opposition re: 72 FIRST MOTION for Reconsideration.. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Das, Alina) (Entered: 02/07/2013)
2013-05-07	75	MEMORANDUM ORDER: Accordingly, the Court denies the Government's motion for reconsideration, as the Court did not overlook the fact that DOJ had conducted searches of some attorneys' emails. The Government is therefore directed to proceed with any additional searches as required by the Court's December 27, 2012 Memorandum Order. The Clerk of the Court is ordered to close document number 72 on the docket of this case. (Signed by Judge Jed S. Rakoff on 5/6/2013) (js) Modified on 5/7/2013 (js). (Entered: 05/07/2013)
2013-08-12		Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/12/2013. (Kotowski, Linda) (Entered: 08/13/2013)
2013-10-01	76	STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)
2014-02-18		Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/18/2014. (Kotowski, Linda) (Entered: 02/19/2014)
2014-02-24	77	STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties: 2. Plaintiffs agree to waive the production of OIL documents dating from before January 1, 2012. As a result, OIL is obligated to produce under this agreement all non-exempt documents dated January 1, 2012 to August 21, 2013 that are responsive to the Plaintiffs' 2009 and 2011 FOIA requests and that were identified using agreed automated search terms. 2. OIL agrees to produce any releasable portions of non-exempt responsive documents dated between January 1, 2012 and August 21, 2013 which do not require consultations with other agencies by April 4, 2014. OIL will produce any releasable documents on a rolling basis until April 4, 2014. 3. OIL agrees to produce any releasable portions of non-exempt responsive documents that are currently pending consultation with other agencies by April 18, 2014. If OIL locates additional non-exempt, responsive documents that require consultations with other agencies, any releasable portions of those documents will be produced to Plaintiffs by April 18, 2014. OIL will produce any releasable documents on a rolling basis until April 18, 2014. In the event responses to referrals to other Governmental agencies or components are not timely received by OIL, OIL shall proceed with processing the documents for production pursuant to its assessment of applicable exemptions. OIL shall not assert exemptions solely on the basis that it has not received responses to consultation requests. (Signed by Judge Jed S. Rakoff on 2/21/2014) (mro) (Entered: 02/24/2014)
2014-06-10		Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/10/2014. (Kotowski, Linda) (Entered: 06/20/2014)
2014-06-27		Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/27/2014. (Kotowski, Linda) (Entered: 07/10/2014)
2014-07-16	78	CROSS MOTION for Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. Responses due by 7/30/2014 Return Date set for 9/3/2014 at 04:00 PM.(Buchanan, Patricia) (Entered: 07/16/2014)
2014-07-16	79	FILING ERROR - DEFICIENT DOCKET ENTRY - FOURTH MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. Responses due by 7/30/2014 Return Date set for 9/3/2014 at 04:00 PM. (Attachments: # 1 Supplement Memorandum of Law, # 2 Supplement Rule 56.1 Statement, # 3 Exhibit List of Exhibits, # 4 Exhibit A-D, # 5 Exhibit E, # 6 Exhibit F-L, # 7 Exhibit M-M-31, # 8 Exhibit N-R, # 9 Exhibit S-U)(Morawetz, Nancy) Modified on 7/17/2014 (db). (Entered: 07/16/2014)
2014-07-16	80	DECLARATION of James M. Kovakas in Support re: 78 CROSS MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit B)(Buchanan, Patricia) (Entered: 07/16/2014)
2014-07-16	81	MEMORANDUM OF LAW in Support re: 78 CROSS MOTION for Summary Judgment . . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Buchanan, Patricia) (Entered: 07/16/2014)
2014-07-17		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Nancy Babette Morawetz to RE-FILE Document 79 FOURTH MOTION for Partial Summary Judgment . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under - Other Answers. (db) (Entered: 07/17/2014)
2014-07-17	82	FOURTH MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. Responses due by 7/30/2014 Return Date set for 9/3/2014 at 04:00 PM.(Morawetz, Nancy) (Entered: 07/17/2014)
2014-07-17	83	RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Attachments: # 1 Exhibit List of Exhibits, # 2 Exhibit A-D, # 3 Exhibit E, # 4 Exhibit F-L, # 5 Exhibit M-M31, # 6 Exhibit N-R, # 7 Exhibit S-U)(Morawetz, Nancy) (Entered: 07/17/2014)
2014-07-17	84	MEMORANDUM OF LAW in Support re: 82 FOURTH MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 07/17/2014)
2014-07-17		Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/17/2014. (Kotowski, Linda) (Entered: 07/18/2014)
2014-07-30	85	MEMORANDUM OF LAW in Opposition re: 78 CROSS MOTION for Summary Judgment . . Document filed by American Civil Liberties Union Foundation, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, Post- Deportation Human Rights Project, Rachel Rosenbloom. (Morawetz, Nancy) (Entered: 07/30/2014)
2014-07-30	86	REPLY MEMORANDUM OF LAW in Opposition re: 82 FOURTH MOTION for Partial Summary Judgment . . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Department of State, United States Immigration and Customs Enforcement. (Attachments: # 1 Affidavit Hollis Decl with Exhibits, # 2 Affidavit Kovakas Decl.)(Buchanan, Patricia) (Entered: 07/30/2014)
2014-09-03		Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 9/3/2014 re: 78 CROSS MOTION for Summary Judgment . filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, United States Department of Homeland Security, 82 FOURTH MOTION for Partial Summary Judgment . filed by Post- Deportation Human Rights Project, Immigrant Defense Project, National Immigration Project Of The National Lawyers Guild, American Civil Liberties Union Foundation, Rachel Rosenbloom. (Kotowski, Linda) (Entered: 09/03/2014)
2014-09-18	87	TRANSCRIPT of Proceedings re: HEARING held on 9/3/2014 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2014. Redacted Transcript Deadline set for 10/23/2014. Release of Transcript Restriction set for 12/22/2014.(McGuirk, Kelly) (Entered: 09/18/2014)
2014-09-18	88	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/3/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/18/2014)
2014-12-03	89	ORDER granting 82 Motion for Partial Summary Judgment. For these reasons, the Court concludes that the government properly withheld all the disputed material as attorney work product under FOIA Exemption 5, and need not reach its arguments regarding the deliberative process and attorney-client privileges. Accordingly, plaintiffs' motion for summary judgment is denied, and defendants' cross-motion for summary judgment is granted. Since this resolves the only remaining issues in this case, the Clerk of the Court is directed to close the case. SO ORDERED.(Signed by Judge Jed S. Rakoff on 12/02/2014) (ama) (Entered: 12/03/2014)
2014-12-03		Transmission to Judgments and Orders Clerk. Transmitted re: 89 Order on Motion for Partial Summary Judgment,,, to the Judgments and Orders Clerk. (ama) (Entered: 12/03/2014)
2014-12-05	90	CLERK'S JUDGMENT:That for the reasons stated in the Court's Memorandum Order dated December 2, 2014, plaintiffs motion for summary judgment is denied and defendants cross-motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/5/2014) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Main Document 90 replaced on 12/5/2014) (dt). (Entered: 12/05/2014)
2014-12-05		Terminate Transcript Deadlines (dt) (Entered: 12/05/2014)
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