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Case TitleHarvard Immigration and Refugee Clinical Program v. Department of Homeland Security et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2021cv10486
Date Filed2021-03-22
Date Closed2024-02-20
JudgeMagistrate Judge Judith G. Dein
PlaintiffHarvard Immigration and Refugee Clinical Program
Case DescriptionThe Harvard Immigration and Refugee Clinical Program submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning the implementation of the Nationwide Policy and National Qualified Representative Program. HIRCP also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but told HIRCP that they found no responsive records. HIRCP filed administrative appeals of those no records finding but after hearing nothing further from the agencies, HIRCP filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
DefendantImmigration and Customs Enforcement
DefendantU.S. Customs and Border Protection
DefendantDepartment of Justice
DefendantExecutive Office for Immigration Review
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-221COMPLAINT against All Defendants Filing fee: $ 402, receipt number 0101-8691283 (Fee Status: Filing Fee paid), filed by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Civil Cover Sheet, # 2 JS45, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31)(Ahmed, Sameer) (Entered: 03/22/2021)
2021-03-222NOTICE of Case Assignment. Magistrate Judge Judith G. Dein assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here . These documents will be mailed to counsel not receiving notice electroni> Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) (Entered: 03/22/2021)
2021-03-223Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Vieira, Leonardo) (Entered: 03/22/2021)
2021-04-084NOTICE of Appearance by Susan M. Poswistilo on behalf of Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection (Poswistilo, Susan) (Entered: 04/08/2021)
2021-04-265Assented to MOTION for Extension of Time to 5/24/21 to File Response/Reply by Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection.(Poswistilo, Susan) (Entered: 04/26/2021)
2021-04-276ELECTRONIC REMINDER TO COUNSEL: Since this case was initiated by the filing of a Notice of Removal, Defendant's counsel is reminded that a notification form indicating whether or not the parties have consented to proceed before a U.S. Magistrate Judge has not been filed. Submission of the form is mandatory and a completed form should be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Geraldino-Karasek, Clarilde) (Entered: 04/27/2021)
2021-04-277CONSENT by all parties to Jurisdiction by US Magistrate Judge by Harvard Immigration and Refugee Clinical Program.. (Ahmed, Sameer) (Entered: 04/27/2021)
2021-04-288Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered ALLOWED 5 Motion for Extension of Time to File Response/Reply. Defendant's ANSWER due by 5/24/2021. (Geraldino-Karasek, Clarilde) (Entered: 04/28/2021)
2021-04-309Assented to MOTION For Leave To Appear As A Law Student Sujin Kim by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Supplement Memorandum of Law, # 2 Affidavit Declaration of Sujin Kim, # 3 Exhibit Certification Form)(Ahmed, Sameer) (Entered: 04/30/2021)
2021-05-0510Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered ALLOWED 9 Assented to MOTION For Leave To Appear As A Law Student Sujin Kim by Harvard Immigration and Refugee Clinical Program. (Geraldino-Karasek, Clarilde) (Entered: 05/05/2021)
2021-05-1011Magistrate Judge Judith G. Dein: ORDER entered. ORDER of Temporary Admission. (Geraldino-Karasek, Clarilde) (Entered: 05/10/2021)
2021-05-2512Assented to MOTION for Extension of Time to 5/28/21 to File Response/Reply by Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection.(Poswistilo, Susan) (Entered: 05/25/2021)
2021-05-2613Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered ALLOWED Assented to MOTION for Extension of Time to File Response/Reply filed by Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection. Response due by 5/28/2021. (Geraldino-Karasek, Clarilde) (Entered: 05/26/2021)
2021-05-2814ANSWER to 1 Complaint,,, by Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection.(Poswistilo, Susan) (Entered: 05/28/2021)
2021-06-0715NOTICE OF SCHEDULING CONFERENCE: Scheduling Conference set for 7/12/2021 10:00 AM before Magistrate Judge Judith G. Dein. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Geraldino-Karasek, Clarilde) (Entered: 06/07/2021)
2021-06-0816NOTICE of Appearance by Sabrineh Ardalan on behalf of Harvard Immigration and Refugee Clinical Program (Ardalan, Sabrineh) (Entered: 06/08/2021)
2021-07-0117JOINT STATEMENT re scheduling conference pursuant to Local Rule 16.1(d) . (Ahmed, Sameer) (Entered: 07/01/2021)
2021-07-0118CERTIFICATION pursuant to Local Rule 16.1 . (Ahmed, Sameer) (Entered: 07/01/2021)
2021-07-1219Electronic Clerk's Notes for proceedings held by video conference before Magistrate Judge Judith G. Dein: case called; Scheduling Conference held on 7/12/2021; counsel report case type and scope of discovery required; this case is FOIA request and counsel propose 3 month review ; USMJ Dein orders counsel to file a written status report on or before 10/12/21. (Court Reporter: James Gibbons at jamesgibbonsrpr@gmail.com.)(Attorneys present: Ahmed, ardalan and Poswistilo) (Quinn, Thomas) (Entered: 07/12/2021)
2021-07-1320SET DEADLINES AS TO: STATUS REPORT due by 10/12/2021. (Geraldino-Karasek, Clarilde) (Entered: 07/13/2021)
2021-10-1221STATUS REPORT (Joint) by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 10/12/2021)
2021-10-13Magistrate Judge Judith G. Dein: ORDER entered. Status Report due by 1/12/2022(Dein, Judith) (Entered: 10/13/2021)
2021-12-0922NOTICE of Appearance by Thomas E. Kanwit on behalf of Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection (Kanwit, Thomas) (Entered: 12/09/2021)
2022-01-1223STATUS REPORT by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 01/12/2022)
2022-01-1324Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Status Report due by 04/12/2022. (Thomson, Katherine) (Entered: 01/13/2022)
2022-04-1225STATUS REPORT by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 04/12/2022)
2022-04-1426Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Status Report due by 7/12/2022. (Thomson, Katherine) (Entered: 04/14/2022)
2022-06-3027STATUS REPORT by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 06/30/2022)
2022-07-0128Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Status Report due by 10/12/2022. (Thomson, Katherine) (Entered: 07/01/2022)
2022-10-1229STATUS REPORT by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 10/12/2022)
2022-10-1330Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Status Report due by 1/12/2023(Quinn, Thomas) (Entered: 10/13/2022)
2023-01-1131STATUS REPORT (Joint) by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 01/11/2023)
2023-01-1332Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Status Report due by 4/12/2023. (Thomson, Katherine) (Entered: 01/13/2023)
2023-04-1233STATUS REPORT by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 04/12/2023)
2023-04-1434Magistrate Judge Judith G. Dein: ELECTRONIC NOTICE AND ORDER OF HEARING. Status Conference set for 6/1/2023 at 11:00 AM in Courtroom 15 (In person only) before Magistrate Judge Judith G. Dein. The parties shall submit a brief joint statement no later than three (3) business days before the conference addressing the status of the case, scheduling for the remainder of the case through trial, and use of alternative dispute resolution programs. With respect to the use of ADR, the parties shall indicate whether an agreement has been reached, but shall not identify their respective positions. Status Report due by 5/29/2023. (Thomson, Katherine) (Entered: 04/14/2023)
2023-05-2635STATUS REPORT (Joint) by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 05/26/2023)
2023-05-2636STATUS REPORT (Joint) by Harvard Immigration and Refugee Clinical Program. (Ahmed, Sameer) (Entered: 05/26/2023)
2023-06-0137Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Status Conference held on 6/1/2023. case called; counsel report current discovery status, defendant has not made final document production and plaintiff will submit a proposed order by 6/8/23. Order to issue. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Ahmed, Ardalan and Kanwit) (Quinn, Thomas) (Entered: 06/01/2023)
2023-06-0138Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Plaintiff's proposed order by 6/8/2023; Joint Status Report due by 7/31/2023; Motions due by 1/19/2024. (Thomson, Katherine) (Entered: 06/01/2023)
2023-06-0239Proposed Document(s) submitted by Harvard Immigration and Refugee Clinical Program. Document received: Proposed Order. (Ahmed, Sameer) (Entered: 06/02/2023)
2023-06-0940Magistrate Judge Judith G. Dein: ORDER entered re 39 Proposed Document(s). The Department of Homeland Security final response due by 7/14/2023. (Thomson, Katherine) (Entered: 06/09/2023)
2023-07-1441NOTICE of Withdrawal of Appearance by Sameer Ahmed (Ahmed, Sameer) (Entered: 07/14/2023)
2023-07-3142STATUS REPORT Joint by Harvard Immigration and Refugee Clinical Program. (Ardalan, Sabrineh) (Entered: 07/31/2023)
2023-08-0343Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Status Report due by 10/31/2023. (Thomson, Katherine) (Entered: 08/03/2023)
2023-10-3144STATUS REPORT by Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection. (Kanwit, Thomas) (Entered: 10/31/2023)
2023-11-0345Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered re 44 STATUS REPORT. The parties shall submit another joint status report by December 15, 2023. However the January 19, 2024 date for summary judgment motions shall not be extended. (Thomson, Katherine) (Entered: 11/03/2023)
2023-12-1546JOINT STATEMENT of counsel Joint Status Report . (Ardalan, Sabrineh) (Entered: 12/15/2023)
2023-12-1947Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered re 46 JOINT STATEMENT of counsel. The parties shall submit another joint status report by January 5, 2024. The January 19, 2024 deadline for summary judgment motions shall not be extended. (Thomson, Katherine) (Entered: 12/19/2023)
2024-01-0548Joint MOTION for Extension of Time to 2/9/24 to File Summary Judgment Briefing by Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection.(Kanwit, Thomas) (Entered: 01/05/2024)
2024-01-0549STATUS REPORT Joint by Department of Homeland Security, Department of Justice, Executive Office for Immigration Review, Immigration and Customs Enforcement, U.S. Customs and Border Protection. (Kanwit, Thomas) (Entered: 01/05/2024)
2024-01-1050Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting 48 MOTION for Extension of Time to 2/9/24 to file Summary Judgment Briefing . No further continuances will be granted and the case will be closed if no summary judgment is filed. Motions due by 2/9/2024. (Thomson, Katherine) (Entered: 01/10/2024)
2024-02-0951NOTICE of Voluntary Dismissal by Harvard Immigration and Refugee Clinical Program (Ardalan, Sabrineh) (Entered: 02/09/2024)
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