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Case TitleHarvard Immigration and Refugee Clinical Program v. United States Customs and Border Protection
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2022cv10301
Date Filed2022-02-23
Date ClosedOpen
JudgeDistrict Judge Leo T. Sorokin
PlaintiffHarvard Immigration and Refugee Clinical Program
Case DescriptionThe Harvard Immigration and Refugee Clinical Program submitted a FOIA request to U.S. Customs and Border Protection for records concerning the expedited removal or withdrawal of admission of persons presenting F-1 Visas at all ports of entry. The Clinic also requested a fee waiver. The agency acknowledged receipt of the request. The agency told the Clinic that it would provide all responsive records. However, the Clinic found many records missing and filed an administrative appeal. The agency granted the Clinic's appeal and ordered a further search for responsive records. However, after hearing nothing further from the agency, the Clinic filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-231COMPLAINT against United States Customs and Border Protection Filing fee: $ 402, receipt number AMADC-9196103 (Fee Status: Filing Fee paid), filed by Harvard Immigration and Refugee Clinical Program. (Attachments: # 2 Category Form, # 3 Civil Cover Sheet)(Ardalan, Sabrineh). (Additional attachment(s) added on 2/23/2022: # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, Exhibits separated into individual documents) (de Oliveira, Flaviana). (Entered: 02/23/2022)
2022-02-232ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) (Entered: 02/23/2022)
2022-02-233Summons Issued as to United States Customs and Border Protection. 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. (de Oliveira, Flaviana) (Entered: 02/23/2022)
2022-02-254NOTICE of Appearance by Sameer Ahmed on behalf of Harvard Immigration and Refugee Clinical Program (Ahmed, Sameer) (Entered: 02/25/2022)
2022-03-095NOTICE of Appearance by Erin E. Brizius on behalf of United States Customs and Border Protection (Brizius, Erin) (Entered: 03/09/2022)
2022-03-096District Judge Leo T. Sorokin: New Civil Cases General Procedural ORDER entered.(Dore, Samantha) (Entered: 03/09/2022)
2022-03-307AFFIDAVIT OF SERVICE Executed by Harvard Immigration and Refugee Clinical Program. Acknowledgement filed by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Appendix Appendix to Affidavit of Service)(Ardalan, Sabrineh) (Entered: 03/30/2022)
2022-03-318ANSWER to 1 Complaint,, by United States Customs and Border Protection.(Brizius, Erin) (Entered: 03/31/2022)
2022-03-319NOTICE of Hearing. Scheduling Conference set for 4/19/2022 02:45 PM by video before District Judge Leo T. Sorokin. 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 . (Attachments: # 1 Scheduling Order Sample, # 2 Standing Order on Summary Judgment)(Belmont, Kellyann) (Entered: 03/31/2022)
2022-04-0610CERTIFICATION pursuant to Local Rule 16.1 by United States Customs and Border Protection.(Brizius, Erin) (Entered: 04/06/2022)
2022-04-1111JOINT SUBMISSION pursuant to Local Rule 16.1 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 04/11/2022)
2022-04-1112CERTIFICATION pursuant to Local Rule 16.1 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 04/11/2022)
2022-04-1513District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Upon review of the Joint Rule 16 Statement (Doc. No. 11), the Court cancels the upcoming Rule 16 conference. The parties shall submit a status report by May 15, 2022 apprising the Court of (1) the status of any resolution and (2) whether a discovery and summary judgment schedule is thereafter needed. (Dore, Samantha) (Entered: 04/15/2022)
2022-04-1914Reset Deadlines: Status Report due by 5/16/2022. (Dore, Samantha) (Entered: 04/19/2022)
2022-05-1315STATUS REPORT by Harvard Immigration and Refugee Clinical Program. (Ardalan, Sabrineh) (Entered: 05/13/2022)
2022-05-1616District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 15 Status Report. ALLOWED. Further status report due by 7/15/2022. (Dore, Samantha) (Entered: 05/16/2022)
2022-07-1317JOINT SUBMISSION pursuant to Local Rule 16.1 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 07/13/2022)
2022-07-1418District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 17 Joint submission. ALLOWED. Further Status Report due by 9/15/2022. (Belmont, Kellyann) (Entered: 07/14/2022)
2022-07-1419Entered in error. (Belmont, Kellyann). (Entered: 07/14/2022)
2022-08-0420NOTICE of Appearance by Annapurna Balakrishna on behalf of United States Customs and Border Protection (Balakrishna, Annapurna) (Entered: 08/04/2022)
2022-08-0921Assented to MOTION for Extension of Time to September 29, 2022 to Complete the Production and to Continue the Status Conference Scheduled by United States Customs and Border Protection.(Balakrishna, Annapurna) (Entered: 08/09/2022)
2022-08-1022District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 21 Assented to MOTION for Extension of Time to September 29, 2022 to Complete the Production and to Continue the Status Conference Scheduled. ALLOWED. Status Report due October 14, 2022. (Dore, Samantha) (Entered: 08/10/2022)
2022-08-1023Set Deadlines: Status Report due by 10/14/2022 (Dore, Samantha) (Entered: 08/10/2022)
2022-10-1424STATUS REPORT (JOINT) by United States Customs and Border Protection. (Brizius, Erin) (Entered: 10/14/2022)
2022-10-1725District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 24 Status Report. ALLOWED. Status Report due by 1/15/2023. (Dore, Samantha) (Entered: 10/17/2022)
2023-01-1226STATUS REPORT Joint by United States Customs and Border Protection. (Brizius, Erin) (Entered: 01/12/2023)
2023-01-1327District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 26 Joint Status Report filed by United States Customs and Border Protection. ALLOWED. Status Report due by 3/15/2023. (Belmont, Kellyann) (Entered: 01/13/2023)
2023-03-0928STATUS REPORT Joint by United States Customs and Border Protection. (Brizius, Erin) (Entered: 03/09/2023)
2023-03-1029District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 28 Status Report filed by United States Customs and Border Protection. ALLOWED. Further Status Report due by 6/15/2023. (Belmont, Kellyann) (Entered: 03/10/2023)
2023-06-0930NOTICE of Appearance by Rayford A. Farquhar on behalf of United States Customs and Border Protection (Farquhar, Rayford) (Entered: 06/09/2023)
2023-06-0931NOTICE of Withdrawal of Appearance by Erin E. Brizius (Brizius, Erin) (Entered: 06/09/2023)
2023-06-1432STATUS REPORT Joint by Harvard Immigration and Refugee Clinical Program. (Ardalan, Sabrineh) (Entered: 06/14/2023)
2023-06-1533District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 32 STATUS REPORT Joint by Harvard Immigration and Refugee Clinical Program. ALLOWED. Further Status Report due by 9/15/2023. (Belmont, Kellyann) (Entered: 06/15/2023)
2023-07-1434NOTICE of Withdrawal of Appearance by Sameer Ahmed (Ahmed, Sameer) (Entered: 07/14/2023)
2023-10-0335JOINT STATEMENT of counsel . (Ardalan, Sabrineh) (Entered: 10/03/2023)
2023-10-0436District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 35 Joint statement of counsel. ALLOWED. Further status report due by 12/15/23. (Dore, Samantha) (Entered: 10/04/2023)
2023-12-1537STATUS REPORT Joint by Harvard Immigration and Refugee Clinical Program. (Ardalan, Sabrineh) (Entered: 12/15/2023)
2023-12-1838District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 37 Status Report. ALLOWED. Further status report due by 2/15/24. (Belmont, Kellyann) (Entered: 12/18/2023)
2024-02-1539STATUS REPORT (14th) Joint by United States Customs and Border Protection. (Farquhar, Rayford) (Entered: 02/15/2024)
2024-02-1640District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. re 39 Status Report. ALLOWED. Further status report due by 4/19/2024. (Dore, Samantha) (Entered: 02/16/2024)
2024-04-1841STATUS REPORT Joint by Harvard Immigration and Refugee Clinical Program. (Ardalan, Sabrineh) (Entered: 04/18/2024)
2024-04-1942District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 41 Status Report. ALLOWED. The Court will hold a conference with counsel on June 26, 2024 at 11:00AM to discuss the status and resolution of the is case. (Status Conference set for 6/26/2024 11:00 AM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin.) (Dore, Samantha) (Entered: 04/19/2024)
2024-06-1843JOINT STATEMENT of counsel Status Report . (Ardalan, Sabrineh) (Entered: 06/18/2024)
2024-06-2044District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. re 43 Joint statement of counsel. ALLOWED. Status conference on September 11, 2024 with joint status report seven days prior. Status Conference set for 9/11/2024 03:30 PM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin.) (Dore, Samantha) Modified on 6/25/2024 (Dore, Samantha). (Entered: 06/20/2024)
2024-09-0345JOINT STATEMENT of counsel Status Report . (Ardalan, Sabrineh) (Entered: 09/03/2024)
2024-09-0346Assented to MOTION for Extension of Time to October 16, 2024 to Status Conference by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 09/03/2024)
2024-09-0347District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 46 Assented to MOTION for Extension of Time to October 16, 2024 to Status Conference. ALLOWED. Status Conference set for 10/22/2024 11:30 AM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin. (Dore, Samantha) (Entered: 09/03/2024)
2024-09-0348Set Deadlines: Status Report due by 10/16/2024. (Dore, Samantha) (Entered: 09/03/2024)
2024-09-1649ELECTRONIC NOTICE OF RESCHEDULING: Status Conference set for 10/23/2024 11:30 AM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin. (Dore, Samantha) (Entered: 09/16/2024)
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