Case Detail

FOIA Project Annotation: Judge Carl Nichols has ruled that the Department of Justice properly withheld records concerning former Attorney General Jeff Sessions' decision to reassign the case of A.B., a Salvadoran woman whose request for asylum because of sexual abuse from her husband was denied by Sessions after he reassigned her case to himself under Exemption 5 (privileges). A.B.'s application was originally denied by an immigration judge but was reversed the Board of Immigration Appeals, which remanded the case back to the immigration judge and ordered the judge to grant A.B. asylum. Sessions certified the Board's decision to himself and rejected A.B.'s application. A.B. appealed Sessions' decision to the Board, where it is still pending. After learning that Sessions had reassigned her case to himself, A.B. submitted a FOIA request concerning Sessions' decision to reassign the case. While the Justice Department also redacted personally identifying information under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records), A.B. only challenged the agency's deliberative process privilege claims. She focused on a series of emails between Gene Hamilton in the Office of the Attorney General and Sarah Harris in the Office of Legal Counsel. A.B. argued that Sessions had already decided to reassign the case before the email exchange took place. Nichols pointed out that "at first glance, the Hamilton Emails could be read as if the Attorney General had decided by December 6, 2107, to certify the listed cases to himself. But in context, the emails are better construed as a communication from OAG to OLC seeking OLC's input and guidance on several issues, including whether the Attorney General should certify the cases to himself." He indicated that "to be sure, it is conceptually possible that the Attorney General could have decided in December 2017 whether to certify A.B.'s case, and therefore to have sought advice only on how to do so. But there is no indication â€" other than one sentence in an informal email sent between OAG and OLC â€" that is what happened here. The Court therefore concludes that, based on the present record, the Attorney General did not make a final decision regarding whether to certify A.B.'s case to himself until he signed the Order to do so on March 7, 2018." A.B. also argued that the fact that the emails were sent from a superior to a subordinate suggested that they were not deliberative. Nichols, however, noted that "the Court concludes that they are irrelevant to determining whether the Hamilton Emails are deliberative because a decisionmaker's communications to a subordinate, when seeking advice on whether to make a decision, are also protected by the deliberative process privilege."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2019-03-06	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5985490) filed by A. B.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Exhibit Exh. A, # 5 Exhibit Exh. B, # 6 Exhibit Exh. C, # 7 Exhibit Exh. D, # 8 Exhibit Exh. E, # 9 Exhibit Exh. F)(Wiegmann, Yakov) (Attachment 1 replaced on 3/6/2019) (zef, ). (Entered: 03/06/2019)
2019-03-06	2	MOTION to Proceed Under Pseudonym and for Protective Order by A. B. (Attachments: # 1 Declaration Declaration of Eunice Lee)(Wiegmann, Yakov). Added MOTION for Protective Order on 3/25/2019 (znmw). (Entered: 03/06/2019)
2019-03-06	3	SEALED DOCUMENT filed by A. B. re 2 MOTION to Proceed Under Pseudonym and for Protective Order (This document is SEALED and only available to authorized persons.)(Wiegmann, Yakov) (Entered: 03/06/2019)
2019-03-07	4	ORDER GRANTING 2 Motion for Leave to Proceed Under Pseudonym. See Order for further details. Signed by Chief Judge Beryl A. Howell on 3/7/2019. (zmd) (Entered: 03/07/2019)
2019-03-07		Case Assigned to Judge Amit P. Mehta. (zef, ) (Entered: 03/07/2019)
2019-03-07	5	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/07/2019)
2019-03-14	6	MOTION Seal Exhibit E to Complaint re 1 Complaint, by A. B. (Attachments: # 1 Text of Proposed Order)(Wiegmann, Yakov) (Entered: 03/14/2019)
2019-03-14	7	ERRATA by A. B.. (Attachments: # 1 Exhibit Exh. E)(Wiegmann, Yakov) (Entered: 03/14/2019)
2019-03-15		MINUTE ORDER granting Plaintiff's Motion to Seal Exhibit E to the Complaint. The clerk of court shall seal Exhibit E to the Complaint, found at ECF No. 1-8. Signed by Judge Amit P. Mehta on 03/15/2019. (lcapm1) (Entered: 03/15/2019)
2019-05-24	8	VACATED PURSUANT TO 10 ORDER FILED 5/31/2019.....AFFIDAVIT FOR DEFAULT by A. B. (Wiegmann, Yakov) Modified on 5/31/2019 (zjd). (Entered: 05/24/2019)
2019-05-30	9	MOTION for Extension of Time to Respond to Complaint and Vacate Affidavit in Support of Default (ECF No. 8) by U.S. DEPARTMENT OF JUSTICE (Truong, John). Added MOTION to Vacate on 6/4/2019 (znmw). (Entered: 05/30/2019)
2019-05-31	10	ORDER granting 9 Defendant's Motion for an Extension to Respond to Plaintiff's Complaint and Vacate Affidavit in Support of Default. Defendant shall respond to Plaintiff's Complaint on or before July 1, 2019. Plaintiff's Affidavit in Support of Default, ECF No. 8, is hereby vacated. Signed by Judge Amit P. Mehta on 05/31/2019. (lcapm1) (Entered: 05/31/2019)
2019-05-31		Set/Reset Deadlines: Defendant's Responsive Pleading due by 7/1/2019. (zjd) (Entered: 05/31/2019)
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)
2019-07-01	11	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Truong, John) (Entered: 07/01/2019)
2019-07-22	12	AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by A. B.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wiegmann, Yakov) (Entered: 07/22/2019)
2019-08-01	13	ANSWER to 12 Amended Complaint by U.S. DEPARTMENT OF JUSTICE.(Truong, John) (Entered: 08/01/2019)
2019-08-14		MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 16, 2019. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 14, 2019. (lccjn1) (Entered: 08/14/2019)
2019-08-15		Set/Reset Deadlines: Joint Status Report due by 9/16/2019. (mac) (Entered: 08/15/2019)
2019-09-16	14	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 09/16/2019)
2019-09-20		MINUTE ORDER. In light of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before September 30, 2019. Signed by Judge Carl J. Nichols on September 20, 2019. (lccjn3) (Entered: 09/20/2019)
2019-09-20		Set/Reset Deadlines/Hearings: Joint Status Report due by 9/30/2019. (zcdw) (Entered: 09/22/2019)
2019-09-30	15	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 09/30/2019)
2019-10-23		MINUTE ORDER. The Court has reviewed the Parties' 15 Joint Status Report and notes the Parties' disagreement regarding an appropriate schedule for OIP to search for and process records responsive to Plaintiff's request. It is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before November 15, 2019. Thereafter, the Court may convene a conference to resolve any continuing areas of disagreement. Signed by Judge Carl J. Nichols on October 23, 2019. (lccjn3) Modified on 11/18/2019 (lcdf). (Entered: 10/23/2019)
2019-10-23		Set/Reset Deadlines/Hearings: Joint Status Report due by 11/15/2019. (zcdw) (Entered: 10/24/2019)
2019-11-15	16	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Gov. Exhibit I)(Truong, John) (Entered: 11/15/2019)
2019-11-19		MINUTE ORDER. In light of the Parties' 16 Joint Status Report, it is hereby ORDERED that on or before January 13, 2020, Defendant shall search for, process, and produce non-exempt documents that are related to former Attorney General Jeff Sessions and the three other identified custodians within the Office of the Attorney General assigned to immigration-related matters during the relevant time period. It is further ORDERED that the Parties shall submit an additional Joint Status Report on or before December 13, 2019. Signed by Judge Carl J. Nichols on November 19, 2019. (lccjn3) (Entered: 11/19/2019)
2019-11-19		Set/Reset Deadlines: Joint Status Report due by 12/13/2019. (mac) (Entered: 11/19/2019)
2019-11-26	17	STATUS REPORT by A. B.. (Wiegmann, Yakov) (Entered: 11/26/2019)
2019-12-02	18	RESPONSE to Plaintiff's Interim Status Report (ECF No. 17) filed by U.S. DEPARTMENT OF JUSTICE. (Truong, John) Modified to add link on 12/6/2019 (znmw). (Entered: 12/02/2019)
2019-12-04		Set/Reset Deadlines/Hearings: Telephone Conference set for 12/5/2019 at 11:00 AM before Judge Carl J. Nichols. (zcdw) (Entered: 12/04/2019)
2019-12-09	19	STATUS REPORT by A. B.. (Attachments: # 1 Exhibit Exh A)(Wiegmann, Yakov) (Entered: 12/09/2019)
2019-12-13	20	Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 12/13/2019)
2019-12-16	21	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 12/16/2019)
2019-12-23		MINUTE ORDER. In light of Plaintiff's 19 Status Report and the Parties' 21 Joint Status Report, is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 15, 2020. The Court notes the Parties' dispute about the excisions made under 5 U.S.C. § 552(b)(5) in Defendant's December 13, 2019 production. Signed by Judge Carl J. Nichols on December 23, 2019. (lccjn3) (Entered: 12/23/2019)
2019-12-23		Set/Reset Deadlines/Hearings: Joint Status Report due by 1/15/2020. (zcdw) (Entered: 12/24/2019)
2020-01-15	22	Joint STATUS REPORT by A. B.. (Wiegmann, Yakov) (Entered: 01/15/2020)
2020-01-28		MINUTE ORDER. In light of the Parties' 22 Joint Status Report, is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 31, 2020. Signed by Judge Carl J. Nichols on January 28, 2020. (lccjn3) (Entered: 01/28/2020)
2020-01-28		Set/Reset Deadlines/Hearings: Joint Status Report due by 1/31/2020. (zcdw) (Entered: 01/30/2020)
2020-01-31	23	Joint STATUS REPORT by A. B.. (Wiegmann, Yakov) (Entered: 01/31/2020)
2020-02-03		MINUTE ORDER. In light of the Parties' 23 Joint Status Report, is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before February 21, 2020. Signed by Judge Carl J. Nichols on February 3, 2020. (lccjn3) (Entered: 02/03/2020)
2020-02-03		Set/Reset Deadlines/Hearings: Joint Status Report due by 2/21/2020. (zcdw) (Entered: 02/04/2020)
2020-02-21	24	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 02/21/2020)
2020-02-28	25	Joint STATUS REPORT by A. B.. (Wiegmann, Yakov) (Entered: 02/28/2020)
2020-03-11		MINUTE ORDER. Upon review of the Parties' 25 Joint Status Report, it is hereby ORDERED that on or before March 31, 2020, Defendant shall file its Motion for Summary Judgment and submit its supporting Vaughn Index and Declaration; on or before April 15, 2020, Plaintiff shall file her Opposition and Cross-Motion for Summary Judgment; on or before May 1, 2020, Defendant shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiffs Cross-Motion for Summary Judgment; and on or before May 15, 2020, Plaintiff shall file her Reply in Support of her Cross-Motion for Summary Judgment. Signed by Judge Carl J. Nichols on March 11, 2020. (lccjn3) (Entered: 03/11/2020)
2020-03-11		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 3/31/2020. Response to Motion for Summary Judgment due by 4/15/2020. Reply to Motion for Summary Judgment due by 5/1/2020. Defendant's Vaughn Index due by 3/31/2020. Plaintiff's Cross Motion due by 4/15/2020. Response to Cross Motion due by 5/1/2020. Reply to Cross Motion due by 5/15/2020. (zcdw) (Entered: 03/11/2020)
2020-03-30	26	Consent MOTION to Modify Scheduling Order by U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 03/30/2020)
2020-03-30		MINUTE ORDER. Upon review of Defendant's 26 Consent Motion to Modify Scheduling Order, it is hereby ORDERED that the Motion is GRANTED and that the Court's March 11, 2020 Minute Order is MODIFIED: on or before April 14, 2020, Defendant shall file its Motion for Summary Judgment and submit its supporting Vaughn Index and Declaration; on or before April 29, 2020, Plaintiff shall file her Opposition and Cross-Motion for Summary Judgment; on or before May 15, 2020, Defendant shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiffs Cross-Motion for Summary Judgment; and on or before May 29, 2020, Plaintiff shall file her Reply in Support of her Cross-Motion for Summary Judgment. Signed by Judge Carl J. Nichols on March 30, 2020. (lccjn3) (Entered: 03/30/2020)
2020-04-07	27	MOTION to Modify March 30, 2020 Scheduling Order by U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 04/07/2020)
2020-04-13		MINUTE ORDER. Upon review of Defendant's 27 Motion to Modify Scheduling Order, it is hereby ORDERED that the Motion is GRANTED and that the Court's March 11, 2020 Minute Order is further MODIFIED: on or before May 14, 2020, Defendant shall file its Motion for Summary Judgment and submit its supporting Vaughn Index and Declaration; on or before May 29, 2020, Plaintiff shall file her Opposition and Cross-Motion for Summary Judgment; on or before June 15, 2020, Defendant shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment; and on or before June 29, 2020, Plaintiff shall file her Reply in Support of her Cross-Motion for Summary Judgment. Signed by Judge Carl J. Nichols on April 13, 2020. (lccjn3) (Entered: 04/13/2020)
2020-04-13		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/14/2020. Response to Motion for Summary Judgment due by 5/29/2020. Reply to Motion for Summary Judgment due by 6/15/2020. Plaintiff's Cross Motion due by 5/29/2020. Response to Cross Motion due by 6/15/2020. Reply to Cross Motion due by 6/29/2020. (zcdw) (Entered: 04/14/2020)
2020-05-14	28	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Vanessa Brinkmann, # 4 Exhibit A to K, # 5 Exhibit Exhibit L (Vaughn Index), # 6 Exhibit Exhibit M (Disputed Exemptions))(Truong, John) (Entered: 05/14/2020)
2020-05-28	29	MOTION to Modify April 13, 2020 Minute Order by A. B. (Wiegmann, Yakov) (Entered: 05/28/2020)
2020-05-29		MINUTE ORDER. Upon review of Plaintiff's 29 Motion to Modify Scheduling Order, and considering that it is unopposed, it is hereby ORDERED that the Motion is GRANTED and that: on or before June 5, 2020, Plaintiff shall file her Opposition and Cross-Motion for Summary Judgment; on or before June 22, 2020, Defendant shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment; and on or before July 6, 2020, Plaintiff shall file her Reply in Support of her Cross-Motion for Summary Judgment. Signed by Judge Carl J. Nichols on May 29, 2020. (lccjn3) (Entered: 05/29/2020)
2020-05-29		Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 6/5/2020. Reply to Motion for Summary Judgment due by 6/22/2020. Cross Motion due by 6/5/2020. Response to Cross Motion due by 6/22/2020. Reply to Cross Motion due by 7/6/2020. (zcdw) (Entered: 06/01/2020)
2020-06-05	30	Memorandum in opposition to re 28 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by A. B.. (Attachments: # 1 Declaration of Yakov P. Wiegmann, # 2 Exhibit A to the Declaration of Yakov P. Wiegmann, # 3 Text of Proposed Order)(Wiegmann, Yakov) (Entered: 06/05/2020)
2020-06-05	31	Cross MOTION for Summary Judgment by A. B. (View Docket Entry 30 to view document). (eg) (Entered: 06/08/2020)
2020-06-08	32	MOTION to Seal Document Seal Exhibit A to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by A. B. (Attachments: # 1 Text of Proposed Order)(Wiegmann, Yakov) Modified event on 6/10/2020 (znmw). (Entered: 06/08/2020)
2020-06-18	33	Unopposed MOTION to Modify May 29, 2020 Scheduling Order by U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 06/18/2020)
2020-06-20		MINUTE ORDER. Upon review of Plaintiff's 32 Motion to Seal [30-2] Exhibit A to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Plaintiff shall file a publicly available redacted version of Exhibit A. Signed by Judge Carl J. Nichols on June 20, 2020. (lccjn3) (Entered: 06/20/2020)
2020-06-22		MINUTE ORDER. Upon review of Defendant's 33 Unopposed Motion to Modify Scheduling Order, it is hereby ORDERED that the Motion is GRANTED and that: on or before June 29, 2020, Defendant shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiffs Cross-Motion for Summary Judgment; and on or before July 13, 2020, Plaintiff shall file her Reply in Support of Her Cross-Motion for Summary Judgment. Signed by Judge Carl J. Nichols on June 22, 2020. (lccjn3) (Entered: 06/22/2020)
2020-06-22	34	REDACTED DOCUMENT- Redacted Exhibit A to 30 Memorandum in Opposition, to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by A. B.. (Wiegmann, Yakov) (Entered: 06/22/2020)
2020-06-22		Set/Reset Deadlines: Response to Cross Motion due by 6/29/2020. Reply to Cross Motions due by 7/13/2020. Reply to Motion for Summary Judgment due by 6/29/2020. (zcal) (Entered: 06/23/2020)
2020-06-29	35	Consent MOTION for Extension of Time to Respond to Plaintiff's Filings (ECF No. 30) by U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 06/29/2020)
2020-06-30	36	REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Vanessa Brinkmann Declaration and Exhibits)(Truong, John) (Entered: 06/30/2020)
2020-06-30	37	Memorandum in opposition to re 31 MOTION for Summary Judgment (See ECF No. 36 for Declaration and Exhibits) filed by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 06/30/2020)
2020-07-03		MINUTE ORDER. Upon review of Defendant's 35 Consent Motion for a One-Day Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that Defendant's Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiffs Cross-Motion for Summary Judgment is deemed timely filed. Signed by Judge Carl J. Nichols on July 3, 2020. (lccjn3) (Entered: 07/03/2020)
2020-07-13	38	REPLY to opposition to motion re 31 MOTION for Summary Judgment filed by A. B.. (Wiegmann, Yakov) (Entered: 07/13/2020)
2021-03-19	39	ORDER granting Defendant's 28 Motion for Summary Judgment; denying Plaintiff's 31 Cross-Motion for Summary Judgment. Signed by Judge Carl J. Nichols on March 19, 2021. (lccjn2) (Entered: 03/19/2021)
2021-03-19	40	MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on March 19, 2021. (lccjn2) (Entered: 03/19/2021)
2021-06-09	41	MOTION for Order ISO Motion for Reasonable Attorneys' Fees & Litigation Costs by A. B.. (Attachments: # 1 Text of Proposed Order PROPOSED ORDER, # 2 Notice to Counsel/Party APPEARANCE OF COUNSEL, # 3 Declaration A. PETERSEN, # 4 Declaration B. BOOKEY, # 5 Declaration E. LEE, # 6 Declaration M. LEE, # 7 Declaration Y. WIEGMANN)(Wiegmann, Yakov) (Entered: 06/09/2021)
Hide Docket Events