Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that U.S. Immigration and Customs Enforcement properly redacted a draft document under Exemption 5 (privileges) entitled "Criminal Street Gangs Investigations Handbook." The National Immigration Project of the National Lawyers Guild and other immigrants' right groups submitted a FOIA request for records concerning "Operation Mega" that related to immigration actions. One document produced in response to the request was a 12-page gang membership identification training course. The training course referenced two sources, one of which was the draft gang handbook, which was a 48-page document dated April 10, 2017, devoted to the investigations of criminal street gangs, reflecting techniques, procedures, and guidelines for conducting such investigations. ICE disclosed a redacted version of the draft handbook. Although the handbook was marked as a draft, the plaintiffs argued that the privilege had been waived because it now constituted the working law of the agency because of its reference in the training course materials. The plaintiffs argued that because ICE had indicated that the unredacted portions of the draft document represented agency policy such an admission further waived the privilege to the rest of document. But Mehta pointed out that "ICE has given such an explanation for why the unredacted portions of the Draft Handbook are 'unique': they are the only portions used in the 12-page training document. Mehta also rejected the plaintiffs' argument that ICE had the burden of showing that the draft had not been adopted as final policy. Mehta again rejected the claim, noting that "rather, to show that a document does not reflect the agency's working law, an agency need only present to the court 'the function and significance of the documents in the agency's decisionmaking process,' 'the nature of the decisionmaking authority vested in the office or person issuing the disputed documents,' and 'the positions in the chain of command of the parties to the documents.' ICE has met its burden here." Mehta also found the privilege claims met the foreseeable harm standard as well. He pointed out that "ICE has specifically explained that disclosure of the withheld information, which includes editorial judgments and significant changes between the draft and final versions, 'would discourage the expression of candid opinions' and would result in a chilling effect on intra- and inter-agency communications.'"
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

Date Filed	Doc #	Docket Text
2017-11-13	1	COMPLAINT against IMMIGRATION & CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-5202424) filed by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Agency, # 3 Summons to Attorney General, # 4 Summons to U.S. Attorney)(Llewellyn, Patrick) (Attachment 1 replaced on 12/1/2017) (znmw). (Entered: 11/13/2017)
2017-11-14	2	Corporate Disclosure Statement by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Llewellyn, Patrick) (Entered: 11/14/2017)
2017-11-14	3	Corporate Disclosure Statement by MIJENTE SUPPORT COMMITTEE. (Llewellyn, Patrick) (Entered: 11/14/2017)
2017-11-14	4	Corporate Disclosure Statement by DETENTION WATCH NETWORK. (Llewellyn, Patrick) (Entered: 11/14/2017)
2017-11-14	5	NOTICE of Appearance by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 11/14/2017)
2017-11-14	6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paromita Shah, :Firm- National Immigration Project of the National Lawyers Guild, :Address- 14 Beacon Street, Suite 602, Boston, MA 02108. Phone No. - (617) 227-9727. Filing fee $ 100, receipt number 0090-5204168. Fee Status: Fee Paid. by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Attachments: # 1 Declaration of Paromita Shah, # 2 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 11/14/2017)
2017-11-14	7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sejal Zota, :Firm- National Immigration Project of the National Lawyers Guild, :Address- 14 Beacon Street, Suite 602, Boston, MA 02108. Phone No. - (617) 227-9727. Filing fee $ 100, receipt number 0090-5204211. Fee Status: Fee Paid. by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Attachments: # 1 Declaration of Sejal Zota, # 2 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 11/14/2017)
2017-11-14		Case Assigned to Judge Amit P. Mehta. (md) (Entered: 11/15/2017)
2017-11-15		SUMMONS Not Issued as to IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney & U.S. Attorney General. (INCORRECT SUMMONS WERE SUBMITTED AT THE TIME COMPLAINT WAS FILED. FOIA SUMMONS NEED TO BE SUBMITTED) (md) (Entered: 11/15/2017)
2017-11-15	8	REQUEST FOR SUMMONS TO ISSUE with Corrected Summons Attached filed by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. (Attachments: # 1 Corrected Agency Summons, # 2 Corrected Attorney General Summons, # 3 Corrected U.S. Attorney Summons)(Llewellyn, Patrick) (Entered: 11/15/2017)
2017-11-16	9	SUMMONS (3) Issued Electronically as to IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (znmw) (Entered: 11/16/2017)
2017-11-17	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/17/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/17/2017. (Llewellyn, Patrick) (Entered: 11/17/2017)
2017-11-17		MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Paromita Shah is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 11/17/2017. (lcapm1) (Entered: 11/17/2017)
2017-11-17		MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Sejal Zota is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 11/17/2017. (lcapm1) (Entered: 11/17/2017)
2017-12-18	11	ANSWER to Complaint by IMMIGRATION & CUSTOMS ENFORCEMENT.(Simon, Jeremy) (Entered: 12/18/2017)
2017-12-18	12	ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before January 8, 2018. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 12/18/2017. (lcapm1) (Entered: 12/18/2017)
2017-12-19		Set/Reset Deadlines/Hearings: Joint Status Report due by 1/8/2018. (zcdw) (Entered: 12/19/2017)
2018-01-08	13	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 01/08/2018)
2018-01-09		MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the following deadlines shall govern this matter: (1) Defendant shall produce at least the first 500 responsive pages to Plaintiffs on or before February 20, 2018; (2) Defendant shall disclose to Plaintiffs the estimated total number of potentially responsive pages as soon as feasible, but at least prior to March 6, 2018; and (3) the parties shall file another Joint Status Report, on or before March 6, 2018, that updates the court on their progress and proposes a production schedule. Signed by Judge Amit P. Mehta on 01/09/2018. (lcapm1) (Entered: 01/09/2018)
2018-01-09		Set/Reset Deadlines/Hearings: Joint Status Report due by 3/6/2018. (zcdw) (Entered: 01/10/2018)
2018-03-06	14	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 03/06/2018)
2018-03-06		MINUTE ORDER. Upon consideration of the parties' 14 March 6, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before May 2, 2018, that updates the court regarding the production of records. Signed by Judge Amit P. Mehta on 03/06/2018. (lcapm1) (Entered: 03/06/2018)
2018-03-06		Set/Reset Deadlines/Hearings: Joint Status Report due by 5/2/2018. (zcdw) (Entered: 03/07/2018)
2018-05-02	15	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 05/02/2018)
2018-05-03		MINUTE ORDER. Upon consideration of the parties' 15 May 2, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before August 14, 2018, that updates the court regarding the production of records. Signed by Judge Amit P. Mehta on 05/03/2018. (lcapm1) (Entered: 05/03/2018)
2018-05-03		Set/Reset Deadlines/Hearings: Joint Status Report due by 8/14/2018. (zcdw) (Entered: 05/06/2018)
2018-08-14	16	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 08/14/2018)
2018-08-15		MINUTE ORDER. Upon consideration of the parties' 16 August 14, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before November 14, 2018, that updates the court regarding the production of records. In that Status Report, Defendant shall indicate the number of pages remaining to be processed and potentially produced. Signed by Judge Amit P. Mehta on 08/15/2018. (lcapm1) (Entered: 08/15/2018)
2018-08-16		Set/Reset Deadlines: Joint Status Report due by 11/14/2018. (tg) (Entered: 08/16/2018)
2018-11-14	17	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 11/14/2018)
2018-11-15		MINUTE ORDER. Upon consideration of the parties' 17 November 14, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before February 14, 2019, that updates the court as outlined in the parties' Joint Status Report. Signed by Judge Amit P. Mehta on 11/15/2018. (lcapm1) (Entered: 11/15/2018)
2018-11-15		Set/Reset Deadlines: Joint Status Report due by 2/14/2018. (zjd) (Entered: 11/21/2018)
2019-02-14	18	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 02/14/2019)
2019-02-19		MINUTE ORDER. No later than April 15, 2019, the parties shall advise the court whether summary judgment briefing will be required in this case and, if so, propose a briefing schedule. Signed by Judge Amit P. Mehta on 02/19/2019. (lcapm1) (Entered: 02/19/2019)
2019-02-19		Set/Reset Deadlines: Joint Status Report due by 4/15/2019. (zjd) (Entered: 03/03/2019)
2019-04-03	19	NOTICE OF WITHDRAWAL OF APPEARANCE as to DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. Attorney Sejal Ramnik Zota terminated. (Zota, Sejal) (Entered: 04/03/2019)
2019-04-05	20	STIPULATION of Dismissal as to Plaintiff National Immigration Project of the National Lawyers Guild Only by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Llewellyn, Patrick) (Entered: 04/05/2019)
2019-04-08	21	NOTICE OF WITHDRAWAL OF APPEARANCE as to DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. Attorney Paromita Hasmukh Shah terminated. (Zota, Sejal) (Entered: 04/08/2019)
2019-04-15	22	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 04/15/2019)
2019-04-16	23	ORDER entering the briefing schedule proposed in the parties' 22 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before June 20, 2019; (2) Plaintiff's Opposition to Defendant's Motion and any Cross-Motion for Summary Judgment is due on or before July 19, 2019; (3) Defendant's Reply in Support of Summary Judgment and Opposition to any Cross-Motion for Summary Judgment is due on or before August 22, 2019; and (4) Plaintiff's Reply in Support of any Cross-Motion for Summary Judgment is due on or before September 20, 2019. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 04/16/2019. (lcapm1) (Entered: 04/16/2019)
2019-04-16		Set/Reset Deadlines: Cross Motion due by 7/19/2019. Response to Cross Motion due by 8/22/2019. Reply to Cross Motion due by 9/20/2018. Summary Judgment motion due by 6/20/2019. Response to Motion for Summary Judgment due by 7/19/2019. Reply to Motion for Summary Judgment due by 8/22/2019. (tb) (Entered: 04/16/2019)
2019-06-12	24	Consent MOTION to Modify Briefing Schedule by IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/12/2019)
2019-06-12		MINUTE ORDER granting 24 Defendant's Consent Motion for Modification of Briefing Schedule. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before July 31, 2019; (2) Plaintiff's Opposition to Defendant's Motion and any Cross-Motion for Summary Judgment is due on or before August 30, 2019; (3) Defendant's Reply in Support of Summary Judgment and Opposition to any Cross-Motion for Summary Judgment is due on or before September 30, 2019; and (4) Plaintiff's Reply in Support of any Cross-Motion for Summary Judgment is due on or before October 30, 2019. Signed by Judge Amit P. Mehta on 06/12/2019. (lcapm1) (Entered: 06/12/2019)
2019-06-12		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 7/31/2019. Plaintiff's Opposition and Cross-Motion for Summary Judgment due by 8/30/2019. Defendant's Reply and Opposition due by 9/30/2019. Plaintiff's Reply due by 10/30/2019. (zjd) (Entered: 06/14/2019)
2019-07-25	25	Consent MOTION to Modify Briefing Schedule and Extend Existing Summary Judgment Briefing Deadlines by IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/25/2019)
2019-07-26		MINUTE ORDER granting 25 Defendant's Consent Motion for Modification of Briefing Schedule. Defendant's Motion for Summary Judgment shall be due on or before September 6, 2019; Plaintiffs' Combined Opposition and Cross-motion for Summary Judgment due shall be due on or before October 11, 2019; Defendant's Combined Opposition and Reply shall be due on or before November 1, 2019; and Plaintiffs' Reply shall be due on or before November 22, 2019. Signed by Judge Amit P. Mehta on 7/26/2019. (lcapm1) (Entered: 07/26/2019)
2019-07-26		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 9/6/2019. Plaintiffs' Opposition and Cross-motion due by 10/11/2019. Defendant's Opposition and Reply due by 11/1/2019. Plaintiffs' Reply due by 11/22/2019. (zjd) (Entered: 07/29/2019)
2019-09-03	26	Consent MOTION to Vacate Summary Judgment Briefing Schedule by IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/03/2019)
2019-09-03	27	ORDER granting 26 Consent Motion to Vacate Summary Judgment Briefing Schedule. See attached Order for additional details. Signed by Judge Amit P. Mehta on 09/03/2019. (lcapm1) (Entered: 09/03/2019)
2019-09-03		Set/Reset Deadlines: Joint Status Report due by 10/16/2019. (zjd) (Entered: 09/10/2019)
2019-10-16	28	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 10/16/2019)
2019-10-17		Minute Order. The parties shall file an additional Joint Status Report by November 19, 2019, which advises the court whether any disputed issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 10/17/2019. (lcapm1) (Entered: 10/17/2019)
2019-10-17		Set/Reset Deadlines: Joint Status Report due by 11/19/2019. (zjd) (Entered: 10/17/2019)
2019-11-19	29	Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 11/19/2019)
2019-11-20		MINUTE ORDER. The parties shall submit a Joint Status Report by December 3, 2019, which proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 11/20/2019. (lcapm1) (Entered: 11/20/2019)
2019-11-20		Set/Reset Deadlines: Joint Status Report due by 12/3/2019. (zjd) (Entered: 11/20/2019)
2019-12-03	30	Joint STATUS REPORT by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 12/03/2019)
2019-12-04	31	ORDER entering the briefing schedule proposed in the parties' 30 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due by January 15, 2020; (2) Plaintiffs' Combined Opposition and Cross-Motion for Summary Judgment is due by February 12, 2020; (3) Defendant's Reply and Opposition is due by March 4, 2020; and (4) Plaintiffs' Reply is due by March 25, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 12/4/2020. (lcapm1) (Entered: 12/04/2019)
2019-12-04		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 1/15/2020. Cross-Motion and Opposition due by 2/12/2020. Reply and Opposition due by 3/4/2020. Reply due by 3/25/2020. (zjd) (Entered: 12/04/2019)
2020-01-15	32	MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order, # 2 Declaration of Fernando Pineiro)(Simon, Jeremy) (Entered: 01/15/2020)
2020-01-23	33	NOTICE of Appearance by Nandan M. Joshi on behalf of DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE (Joshi, Nandan) (Entered: 01/23/2020)
2020-02-12	34	Cross MOTION for Summary Judgment by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(Joshi, Nandan) (Entered: 02/12/2020)
2020-02-12	35	Memorandum in opposition to re 32 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(Joshi, Nandan) (Entered: 02/12/2020)
2020-03-04	36	Memorandum in opposition to re 34 Cross MOTION for Summary Judgment filed by IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Proposed Order, # 2 Second Declaration of Fernando Pineiro ("Supplemental Pineiro Declaration"))(Simon, Jeremy) (Entered: 03/04/2020)
2020-03-04	37	REPLY to opposition to motion re 32 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (duplicate of Docket Entry Number 36) filed by IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Proposed Order, # 2 Second Declaration of Fernando Pineiro ("Supplemental Pineiro Declaration"))(Simon, Jeremy) (Entered: 03/04/2020)
2020-03-23	38	REPLY to opposition to motion re 34 Cross MOTION for Summary Judgment filed by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. (Llewellyn, Patrick) (Entered: 03/23/2020)
2020-04-02	39	NOTICE OF WITHDRAWAL OF APPEARANCE as to DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. Attorney Patrick D. Llewellyn terminated. (Llewellyn, Patrick) (Entered: 04/02/2020)
2020-09-29	40	MEMORANDUM OPINION re: Defendant's Motion for Summary Judgment, ECF No. 32 and Plaintiffs' Cross-Motion for Summary Judgment, ECF No. 34 . Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 9/29/2020. (lcapm1) (Entered: 09/29/2020)
2020-09-29	41	ORDER. For the reasons set forth in the court's Memorandum Opinion, ECF No. 40 , the court grants in full Defendant's Motion for Summary Judgment, ECF No. 32 , and denies Plaintiffs' Cross-Motion for Summary Judgment, ECF No. 34. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 9/29/2020. (lcapm1) Modified on 9/29/2020 (zjd). (Entered: 09/29/2020)
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