Case Detail

FOIA Project Annotation: Judge Carl Nichols has ruled that U.S. Immigration and Customs Enforcement may categorically withhold the names of detainees in its Criminal Arrest Records and Immigration Enforcement Records (CARIER) records system under Exemption 7(C) (invasion of privacy concerning law enforcement records). The Center for Investigative Reporting submitted two FOIA requests for information about detainees contained in the CARIER system. After CIR filed suit, ICE disclosed several Excel spreadsheets with redactions made under the privacy exemptions for information identifying the detainees and those who furnished their bonds. ICE subsequently agreed to disclose identifying information about businesses and non-profit organizations that furnished bonds in exchange for CIR's agreement not to pursue release of identities of individuals who furnished bonds or more detailed information â€" such as tax identification numbers or phone numbers â€" for businesses or non-profits that furnished bonds. Nichols noted that since the records were compiled for law enforcement purposes, the more protective standard of Exemption 7(C) applied. Although CIR argued that the names of many of the detainees could be located through an online search, Nichols agreed with the agency that the additional information here created a substantial privacy interest. He pointed out that "while a search of ICE's online locator system yields a name associated with a detention center and country of origin, it does not include the additional information that CIR has already obtained and that would be associated with detainees' names if they were produced: immigration history, education history, domestic and foreign criminal history, location of arrest, case category, charges brought in the case, case disposition, and other details." Against that substantial privacy interest, Nichols noted that "that's where CIR's case falters: neither in its Complaint nor its briefing does it ever assert any public interest in the disclosure of the detainees' names. CIR repeatedly argues that 'ICE did not prove any privacy interest exists at all, let alone a privacy interest rising to the requisite threshold,' and thus rests its argument entirely on the contention that the 'Court need go no further and should order the records produced.' CIR's failure to assert any public interest in disclosure requires summary judgment for ICE."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2018-08-22	1	COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-5652228) filed by CENTER FOR INVESTIGATIVE REPORTING. (Attachments: # 1 Exhibits A-F, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 08/22/2018)
2018-08-22	2	NOTICE of Appearance by Matthew Topic on behalf of THE CENTER FOR INVESTIGATIVE REPORTING (Topic, Matthew) (Entered: 08/22/2018)
2018-08-22		Case Assigned to Judge Amit P. Mehta. (zmd) (Entered: 08/24/2018)
2018-08-27	3	SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 08/27/2018)
2018-09-18	4	NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 09/18/2018)
2018-09-19	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/4/2018 (Topic, Matthew) (Entered: 09/19/2018)
2018-09-19	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT served on 9/14/2018 (Topic, Matthew) (Entered: 09/19/2018)
2018-09-19	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/05/2018. (Topic, Matthew) (Entered: 09/19/2018)
2018-09-19	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/5/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/5/2018. (Topic, Matthew) (Entered: 09/19/2018)
2018-10-05	9	ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A)(Sroka, Scott) (Entered: 10/05/2018)
2018-10-05	10	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 October 19, 2018. See attached Order for additional details. Signed by Judge Amit P. Mehta on 10/05/2018. (lcapm3) Modified on 10/5/2018 (lcapm3, ). (Entered: 10/05/2018)
2018-10-05		Set/Reset Deadlines: Joint Status Report due by 10/19/2018. (zjd) (Entered: 10/09/2018)
2018-10-18	11	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Sroka, Scott) (Entered: 10/18/2018)
2018-10-19		MINUTE ORDER. The parties shall report by November 19, 2018, whether summary judgment will be required and, if so, propose a briefing schedule. Signed by Judge Amit P. Mehta on 10/19/2018. (lcapm3) (Entered: 10/19/2018)
2018-10-19		Set/Reset Deadlines: Joint Status Report due by 11/19/2018. (zjd) (Entered: 10/19/2018)
2018-11-19	12	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Sroka, Scott) (Entered: 11/19/2018)
2018-11-19		MINUTE ORDER: In light of 12 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report on or before December 19, 2018, notifying the court whether summary judgment briefing will be required and, if so, proposing a briefing schedule. Signed by Judge Amit P. Mehta on 11/19/2018. (lcapm3) (Entered: 11/19/2018)
2018-11-19		Set/Reset Deadlines: Joint Status Report due by 12/19/2018. (zjd) (Entered: 11/21/2018)
2018-12-19	13	PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Sroka, Scott) (Entered: 12/19/2018)
2018-12-19	14	ORDER: Having considered 13 the Joint Request for Briefing Schedule, the court sets the following schedule for further proceedings in this matter: Defendants' Motion for Summary Judgment shall be filed on or before January 31, 2019; Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment shall be filed on or before February 28, 2019; Defendants' Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before March 11, 2019; Plaintiff's Reply shall be filed on or before March 25, 2019. See attached Order for additional details. Signed by Judge Amit P. Mehta on 12/19/2018. (lcapm3) (Entered: 12/19/2018)
2018-12-19		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 1/31/2019. Plaintiff's Cross-Motion for Summary Judgment and Opposition due by 2/28/2019. Defendant's Reply and Opposition due by 3/11/2019. Plaintiff's Reply due by 3/25/2019. (zjd) (Entered: 12/21/2018)
2019-01-31	15	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Sroka, Scott) (Entered: 01/31/2019)
2019-01-31		MINUTE ORDER granting 15 Consent Motion for Extension of Time and Modification of Briefing Schedule. The court sets the following schedule for further proceedings in this matter: Defendants' Motion for Summary Judgment shall be filed on or before March 4, 2019; Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be filed on or before April 3, 2019; Defendants' Reply shall be filed on or before April 17, 2019; and Plaintiff's reply shall be filed on or before April 24, 2019. Signed by Judge Amit P. Mehta on 01/31/2019. (lcapm3) (Entered: 01/31/2019)
2019-01-31		Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 3/4/2019. Plaintiff's Opposition and Cross-Motion due by 4/3/2019. Defendants' Reply and Opposition due by 4/17/2019. Plaintiff's Reply due by 4/24/2019. (zjd) (Entered: 02/05/2019)
2019-03-04	16	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Sroka, Scott). Added MOTION to Modify on 3/5/2019 (znmw). (Entered: 03/04/2019)
2019-03-06		MINUTE ORDER granting 16 Consent Motion for Extension of Time. The court sets the following schedule for further proceedings in this matter: Defendants' Motion for Summary Judgment shall be filed on or before March 12, 2019; Plaintiff's Cross-Motion and Opposition to Defendants' Motion shall be filed on or before April 11, 2019; Defendants' Reply and Opposition to Plaintiff's Cross-Motion shall be filed on or before April 24, 2019; and Plaintiff's Reply shall be filed on or before May 1, 2019. Signed by Judge Amit P. Mehta on 03/06/2019. (lcapm3) (Entered: 03/06/2019)
2019-03-06		Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 3/12/2019. Plaintiff's Cross-Motion and Opposition due by 4/11/2019. Defendants' Opposition and Reply due by 4/24/2019. Plaintiff's Reply due by 5/1/2019. (zjd) (Entered: 03/10/2019)
2019-03-12	17	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Sroka, Scott). Added MOTION to Modify on 3/13/2019 (znmw). (Entered: 03/12/2019)
2019-03-12		MINUTE ORDER granting 17 Consent Motion for Extension of Time. The court sets the following schedule for further proceedings in this matter: Defendants' Motion for Summary Judgment shall be filed on or before March 15, 2019; Plaintiff's Cross-Motion and Opposition to Defendants' Motion shall be filed on or before April 15, 2019; Defendants' Reply and Opposition to Plaintiff's Cross-Motion shall be filed on or before April 29, 2019; and Plaintiff's Reply shall be filed on or before May 6, 2019. Signed by Judge Amit P. Mehta on 03/12/2019. (lcapm3) (Entered: 03/12/2019)
2019-03-12		Set/Reset Deadlines: Plaintiff's Cross Motion and Opposition due by 4/15/2019. Defendants' Reply and Opposition due by 4/29/2019. Plaintiff's Reply due by 5/6/2019. (zjd) (Entered: 03/21/2019)
2019-03-15	18	MOTION for Summary Judgment and Supporting Memorandum by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Facts, # 2 Declaration of Toni Fuentes, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G - Vaughn Index)(Sroka, Scott) (Entered: 03/15/2019)
2019-04-15	19	MOTION for Summary Judgment by CENTER FOR INVESTIGATIVE REPORTING (Attachments: # 1 Text of Proposed Order Proposed Order)(Topic, Matthew) (Entered: 04/15/2019)
2019-04-17	20	Memorandum in opposition to re 18 MOTION for Summary Judgment and Supporting Memorandum Plaintiff's Combined Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment filed by CENTER FOR INVESTIGATIVE REPORTING. (Attachments: # 1 Text of Proposed Order Proposed Order)(Topic, Matthew) (Entered: 04/17/2019)
2019-04-29	21	Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Sroka, Scott) (Entered: 04/29/2019)
2019-04-29		MINUTE ORDER granting 21 Defendants' Consent Motion for Extension of Time. The court sets the following schedule for further proceedings in this matter: Defendants' Opposition shall be filed on or before May 29, 2019 and Plaintiff's Reply shall be filed on or before June 5, 2019. Signed by Judge Amit P. Mehta on 04/29/2019. (lcapm3) (Entered: 04/29/2019)
2019-04-29		Set/Reset Deadlines: Defendants' Opposition due by 5/29/2019. Plaintiff's Reply due by 6/5/2019. (zjd) (Entered: 04/29/2019)
2019-05-29	22	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sroka, Scott) (Entered: 05/29/2019)
2019-05-29	23	REPLY to opposition to motion re 18 MOTION for Summary Judgment and Supporting Memorandum filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sroka, Scott) (Entered: 05/29/2019)
2019-06-05	24	REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by CENTER FOR INVESTIGATIVE REPORTING. (Attachments: # 1 Exhibit A - Detainee Locator - Gonzalez, # 2 Exhibit B - Detainee Locator - Hernandez)(Burday, Joshua) (Entered: 06/05/2019)
2019-06-24		Case directly reassigned to Judge Carl J. Nichols. Judge Amit P. Mehta is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-08-06	25	NOTICE of Appearance by Merrick Jason Wayne on behalf of CENTER FOR INVESTIGATIVE REPORTING (Wayne, Merrick) (Entered: 08/06/2019)
2019-12-03	26	ORDER GRANTING Defendants' 18 Motion for Summary Judgment and DENYING Plaintiff's 19 Motion for Summary Judgment. Signed by Judge Carl J. Nichols on December 3, 2019. (lccjn2) (Entered: 12/03/2019)
2019-12-03	27	MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on December 3, 2019. (lccjn2) (Entered: 12/03/2019)
2019-12-11	28	Unopposed MOTION for Extension of Time to File by CENTER FOR INVESTIGATIVE REPORTING (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 12/11/2019)
2019-12-12		MINUTE ORDER. Upon review of Plaintiff's 28 Unopposed Motion for Extension of Time to File, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall submit its petition for attorney fees by January 16, 2020. Signed by Judge Carl J. Nichols on December 12, 2019. (lccjn2) (Entered: 12/12/2019)
2019-12-12		Set/Reset Deadlines/Hearings: Plaintiff's petition for attorney fees due by 1/16/2020. (zcdw) (Entered: 12/13/2019)
2020-01-13	29	Unopposed MOTION for Extension of Time to File Petition for Attorneys' Fees by CENTER FOR INVESTIGATIVE REPORTING (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/13/2020)
2020-01-14		MINUTE ORDER. Upon review of Plaintiff's 29 Unopposed Motion for Extension of Time to File, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file its Petition for Attorney Fees by February 13, 2020. Signed by Judge Carl J. Nichols on January 14, 2020. (lccjn2) (Entered: 01/14/2020)
2020-01-14		Set/Reset Deadlines/Hearings: Plaintiff's Petition for Attorney Fees due by 2/13/2020. (zcdw) (Entered: 01/15/2020)
2020-02-10	30	MOTION for Extension of Time to File Petition for Attorneys' Fees by CENTER FOR INVESTIGATIVE REPORTING (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 02/10/2020)
2020-02-11		MINUTE ORDER. Upon review of Plaintiff's 30 Unopposed Motion for Extension of Time to File Fee Petition, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file its fee petition by March 16, 2020. Signed by Judge Carl J. Nichols on February 11, 2020. (lccjn2) (Entered: 02/11/2020)
2020-02-11		Set/Reset Deadlines/Hearings: Plaintiff's fee petition due by 3/16/2020. (zcdw) (Entered: 02/17/2020)
2020-02-12	31	NOTICE OF SUBSTITUTION OF COUNSEL by Peter C. Pfaffenroth on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney Scott Sroka (Pfaffenroth, Peter) (Entered: 02/12/2020)
2020-03-11	32	STIPULATION of Dismissal with Prejudice by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Pfaffenroth, Peter) (Entered: 03/11/2020)
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