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Case TitleAIRAJ v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00983
Date Filed2015-06-23
Date Closed2016-04-27
JudgeJudge Ellen S. Huvelle
PlaintiffHAMEEDULLAH AMINI AIRAJ
Case DescriptionHameedullah Amini Airaj, a former field interpreter for U.S. forces in Afghanistan, submitted a FOIA request to the Department of State for records pertaining to the agency's denial of Airaj's Chief of Mission application, a prerequisite for filing a special immigrant visa application for resettlement as a refugee. The agency provided records but did not provide the COM application denial, claiming it was exempt under the Immigration and Nationality Act. Airaj then appealed the agency's decision, but after the agency failed to process his appeal, he filed suit.
Complaint issues: Litigation - Attorney's fees, Exemption 3 - Statutory prohibition of disclosure, Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF STATE
AppealD.C. Circuit 16-5193
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-06-231COMPLAINT against UNITED STATES DEPARTMENT OF STATE (Filing fee $ 0.00) filed by HAMEEDULLAH AMINI AIRAJ. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 06/24/2015)
2015-06-232MOTION to Seal re 1 Complaint by HAMEEDULLAH AMINI AIRAJ (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(jf) (Entered: 06/24/2015)
2015-06-233MOTION for Leave to Proceed in forma pauperis by HAMEEDULLAH AMINI AIRAJ (jf) (Main Document 3 replaced on 6/24/2015) (jf). (Entered: 06/24/2015)
2015-06-23FIAT ORDER granting 3 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED" Signed by Judge Colleen Kollar-Kotelly on 06/18/2015. (jf) (Entered: 06/24/2015)
2015-06-234ORDER granting 2 Motion to Seal. Signed by Judge Colleen Kollar-Kotelly on 06/16/2015. (jf) (Entered: 06/24/2015)
2015-06-235SEALED COMPLAINT filed by HAMEEDULLAH AMINI AIRAJ. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 06/24/2015)
2015-06-235SEALED COMPLAINT filed by HAMEEDULLAH AMINI AIRAJ. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 06/24/2015)
2015-06-248SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (jf). Modified on 6/29/2015 (rd). (Entered: 06/24/2015)
2015-06-246NOTICE of Appearance by Carl Geoffrey Roberts on behalf of HAMEEDULLAH AMINI AIRAJ (Roberts, Carl) (Entered: 06/24/2015)
2015-06-267MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher T. Cognato, :Firm- Ballard Spahr LLP, :Address- 1735 Market Street, 51st Floor, Philadelphia, PA 19103. Phone No. - 215-864-8612. Fax No. - 215-864-8999 Fee Status: No Fee Paid. by HAMEEDULLAH AMINI AIRAJ (Roberts, Carl) (Entered: 06/26/2015)
2015-06-26MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice: Upon consideration of Plaintiff's motion for the admission pro hac vice of Christopher T. Cognato, it is hereby ORDERED that the motion for the admission pro hac vice of Christopher T. Cognato be GRANTED. Signed by Judge Ellen S. Huvelle on June 26, 2015. (AG) (Entered: 06/26/2015)
2015-07-029RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/29/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/29/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 7/29/2015.) (jf) (Entered: 07/06/2015)
2015-07-0710NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 07/07/2015)
2015-07-2811Consent MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF STATE (Seabrook, April) (Entered: 07/28/2015)
2015-07-29MINUTE ORDER granting 11 Consent Motion for Extension of Time to Answer: Upon consideration of the Consent Motion for Enlargement of Time, And Memorandum In Support Thereof, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that Defendant's time to respond to Plaintiff's Complaint is hereby extended up to and including September 11, 2015. Signed by Judge Ellen S. Huvelle on July 29, 2015. (AG) (Entered: 07/29/2015)
2015-07-29Set/Reset Deadlines: Answer due by 9/11/2015. (zmm) (Entered: 07/29/2015)
2015-08-2412RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 8/20/2015 (jf) (Entered: 08/25/2015)
2015-09-1013Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 09/10/2015)
2015-09-10MINUTE ORDER granting 13 Consent Motion for Extension of Time: Upon consideration of the Consent Motion for Second Enlargement of Time, Memorandum In Support Thereof, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED. It is FURTHER ORDERED that: (1) Defendant shall complete its FOIA production of Embassy documents no later than Monday, October 12, 2015; and (2) Defendant's time for filing its responsive pleading to Plaintiff's Complaint is hereby extended up to and including November 12, 2015. Signed by Judge Ellen S. Huvelle on September 10, 2015. (AG) (Entered: 09/10/2015)
2015-09-10Set/Reset Deadlines/Hearings: Defendant's FOIA production due by 10/12/2015. Responsive pleading to complaint due by 11/12/2015. (cdw) (Entered: 09/10/2015)
2015-09-14Set/Reset Deadlines: Defendant to complete its FOIA production of Embassy documents by 10/12/2015. Answer due by 11/12/2015. (zmm) (Entered: 09/14/2015)
2015-11-1214ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF STATE.(Seabrook, April) (Entered: 11/12/2015)
2015-11-12MINUTE ORDER: As the requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure are inapplicable to this FOIA case, it is hereby ORDERED that the parties shall confer and file a joint proposed briefing schedule by November 30, 2015. Signed by Judge Ellen S. Huvelle on November 12, 2015. (AG) (Entered: 11/12/2015)
2015-11-3015Joint MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 11/30/2015)
2015-12-01MINUTE ORDER re 15 Joint MOTION for Briefing Schedule and setting status conference: Upon consideration of the parties' motion for a briefing schedule, it is hereby ORDERED that a status conference is scheduled for December 9, 2015, at 12:00 p.m. in Courtroom 23A. Signed by Judge Ellen S. Huvelle on December 1, 2015. (AG) (Entered: 12/01/2015)
2015-12-01Set/Reset Hearings: Status Conference set for 12/9/2015 at 12:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm) (Entered: 12/01/2015)
2015-12-0216Consent MOTION to Continue the Status Conference and Memorandum in Support Thereof by UNITED STATES DEPARTMENT OF STATE (Seabrook, April) (Entered: 12/02/2015)
2015-12-03MINUTE ORDER granting in part and denying in part 16 Consent Motion to Continue: It is hereby ORDERED that the status conference previously set for December 9, 2015, at 12:00 p.m. is rescheduled for December 16, 2015, at 11:00 a.m. Signed by Judge Ellen S. Huvelle on December 3, 2015. (lcesh2) (Entered: 12/03/2015)
2015-12-03Set/Reset Hearings: Status Conference set for 12/16/2015 at 11:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm) (Entered: 12/03/2015)
2015-12-04MINUTE ORDER: It is hereby ORDERED that the Status Conference previously set for December 16, 2015, at 11:00 a.m. is rescheduled for December 16, 2015, at 9:45 a.m. Signed by Judge Ellen S. Huvelle on December 4, 2015. (lcesh2) (Entered: 12/04/2015)
2015-12-04Set/Reset Hearings: Status Conference set for 12/16/2015 at 09:45 AM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm) (Entered: 12/04/2015)
2015-12-16Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 12/16/2015. Summary Judgment motions due by 1/8/2016. Response to Motion for Summary Judgment and any Cross Motion due by 1/22/2016. Reply to Motion for Summary Judgment and Response to Cross Motion due by 2/5/2016. Reply to Cross Motion due by 2/19/2016. Defendant is to file the four documents in question in an ex parte, in camera filing with their Motion for Summary Judgment. (Court Reporter Barbara De Vico.) (zsm) (Entered: 12/16/2015)
2015-12-22MINUTE ORDER terminating 15 Motion for Briefing Schedule as moot. Signed by Judge Ellen S. Huvelle on December 22, 2015. (AG) (Entered: 12/22/2015)
2016-01-0817MOTION for Summary Judgment, by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit)(Seabrook, April). Added MOTION to Dismiss on 1/11/2016 (jf). Modified on 1/12/2016 to remove Motion to Dismiss(see 19 )(jf). (Entered: 01/08/2016)
2016-01-0818NOTICE Of Delayed In Camera Submission by UNITED STATES DEPARTMENT OF STATE re Status Conference, Set Deadlines,,,, (Seabrook, April) (Entered: 01/08/2016)
2016-01-11NOTICE OF ERROR re 17 Motion for Summary Judgment; emailed to april.seabrook@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. REMINDER-Counsel is reminded to docket all parts of their motion (jf, ) (Entered: 01/11/2016)
2016-01-1119ERRATA To Correct Motion And Memorandum Of Law by UNITED STATES DEPARTMENT OF STATE 17 MOTION for Summary Judgment MOTION to Dismiss filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A - Motion (revised), # 2 Exhibit B - Memorandum of Law (reformatted))(Seabrook, April) (Entered: 01/11/2016)
2016-01-1120NOTICE Of Ex Parte, In Camera Submission by UNITED STATES DEPARTMENT OF STATE re 17 MOTION for Summary Judgment MOTION to Dismiss, 18 Notice (Other) (Seabrook, April) (Entered: 01/11/2016)
2016-01-2221MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by HAMEEDULLAH AMINI AIRAJ (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Exhibit A)(Roberts, Carl) (Entered: 01/22/2016)
2016-01-2222Memorandum in opposition to re 17 MOTION for Summary Judgment MOTION to Dismiss filed by HAMEEDULLAH AMINI AIRAJ. (See Docket Entry 21 to view document). (znmw) (Entered: 01/25/2016)
2016-02-0523Memorandum in opposition to re 21 MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts Defendant's Disputed Facts)(Seabrook, April) (Entered: 02/05/2016)
2016-02-0524REPLY to opposition to motion re 17 MOTION for Summary Judgment MOTION to Dismiss filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts Defendant's Disputed Facts)(Seabrook, April) (Entered: 02/05/2016)
2016-02-1825NOTICE OF SUBSTITUTION OF COUNSEL by Constantinos G. Panagopoulos on behalf of HAMEEDULLAH AMINI AIRAJ Substituting for attorney John L. Cuddihy (Panagopoulos, Constantinos) (Entered: 02/18/2016)
2016-02-1926REPLY to opposition to motion re 21 MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by HAMEEDULLAH AMINI AIRAJ. (Attachments: # 1 Exhibit 1)(Roberts, Carl) (Entered: 02/19/2016)
2016-04-2727ORDER denying plaintiff's 21 Motion for Partial Summary Judgment and granting defendant's 17 Motion for Summary Judgment. See Order and accompanying 28 Memorandum Opinion for details. Signed by Judge Ellen S. Huvelle on April 27, 2016. (lcesh2) (Entered: 04/27/2016)
2016-04-2728MEMORANDUM OPINION re defendant's 17 Motion for Summary Judgment and plaintiff's 21 Motion for Partial Summary Judgment. Signed by Judge Ellen S. Huvelle on April 27, 2016. (lcesh2) (Entered: 04/27/2016)
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by FOIA Project Staff
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