Skip to content

Case Detail

[Subscribe to updates]
Case TitleNEW JERSEY OFFICE OF THE PUBLIC DEFENDER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03019
Date Filed2023-10-11
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffNEW JERSEY OFFICE OF THE PUBLIC DEFENDER
Case DescriptionThe New Jersey Office of the Public Defender sent a FOIA request to U.S. Immigration and Customs Enforcement for records concerning I-247 and I-247Ddetainer forms issued against removable New Jersey aliens from October 2021 to the present. NJOPD also requested a fee waiver. The agency acknowledged receipt of the request. The agency told NJOPD that it needed A numbers to identify the detainees. NJOPD told ICE that it did not have A numbers. After hearing nothing further from the agency, NJOPD filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-111COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10412006) filed by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Gutman, Jeffrey) (Entered: 10/11/2023)
2023-10-11Case Assigned to Judge Randolph D. Moss. (znmw) (Entered: 10/11/2023)
2023-10-112SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 10/11/2023)
2023-10-113STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/11/2023. (lcrdm3) (Entered: 10/11/2023)
2023-11-064NOTICE of Appearance by M. Jared Littman on behalf of All Defendants (Littman, M.) (Entered: 11/06/2023)
2023-11-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 10/20/2023 (Gutman, Jeffrey) (Main Document 5 replaced on 11/7/2023) (zjm). (Entered: 11/06/2023)
2023-11-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 10/18/2023 (Gutman, Jeffrey) (Main Document 6 replaced on 11/7/2023) (zjm). (Entered: 11/06/2023)
2023-11-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/19/2023. (Gutman, Jeffrey) (Main Document 7 replaced on 11/7/2023) (zjm). (Entered: 11/06/2023)
2023-11-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/19/2023. Answer due for ALL FEDERAL DEFENDANTS by 11/18/2023. (Gutman, Jeffrey) (Main Document 8 replaced on 11/7/2023) (zjm). (Entered: 11/06/2023)
2023-11-139Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 11/13/2023)
2023-11-15MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time to respond, Dkt. 9 , it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to the complaint in this matter on or before December 20, 2023. Signed by Judge Randolph D. Moss on 11/15/2023. (lcrdm3) (Entered: 11/15/2023)
2023-12-1910ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Littman, M.) (Entered: 12/19/2023)
2023-12-20MINUTE ORDER: It is ORDERED that, on or before January 19, 2024, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear for an Initial Scheduling Conference on February 2, 2024, at 10:00 a.m., in Courtroom 8, before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 12/20/2023. (lcrdm3) (Entered: 12/20/2023)
2024-01-1911Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 01/19/2024)
2024-01-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 4, 2024. Signed by Judge Randolph D. Moss on 1/21/2024. (lcrdm3) (Entered: 01/21/2024)
2024-01-3012Unopposed MOTION for Order to Remove Status Hearing from Calendar by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER. (Attachments: # 1 Text of Proposed Order)(Gutman, Jeffrey) (Entered: 01/30/2024)
2024-01-30MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion to remove status hearing from calendar, Dkt. 12 , it is hereby ORDERED that the motion is GRANTED. The hearing scheduled for February 2, 2024 is hereby VACATED. Signed by Judge Randolph D. Moss on 1/30/2024. (lcrdm3) (Entered: 01/30/2024)
2024-01-3113MOTION for Leave to Appear of Law Student Certification by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER (Gutman, Jeffrey) Modified on 2/1/2024 to correct event (zjm). (Entered: 01/31/2024)
2024-02-0514MINUTE ORDER: Upon consideration of Plaintiff's motion for leave to appear of law student certification, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 2/5/2024. (lcrdm3) (Entered: 02/05/2024)
2024-03-0415Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 03/04/2024)
2024-03-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 18, 2024. Signed by Judge Randolph D. Moss on 3/4/2024. (lcrdm3) (Entered: 03/04/2024)
2024-04-1216Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 04/12/2024)
2024-04-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 17, 2024. Signed by Judge Randolph D. Moss on 4/12/2024. (lcrdm3) (Entered: 04/12/2024)
2024-06-1217Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 06/12/2024)
2024-06-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 30, 2024. Signed by Judge Randolph D. Moss on 6/13/2024. (lcrdm3) (Entered: 06/13/2024)
2024-08-3018Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 08/30/2024)
2024-08-30MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 30, 2024. Signed by Judge Randolph D. Moss on 8/30/2024. (lcrdm3) (Entered: 08/30/2024)
2024-09-1919MOTION for Leave to Appear Student Attorney Certification for Nicholas Kitevski by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER. (Gutman, Jeffrey) (Entered: 09/19/2024)
2024-09-1920MOTION for Leave to Appear Student Attorney Certification for Melissa Rettig by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER. (Gutman, Jeffrey) (Entered: 09/19/2024)
2024-09-2321MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave for Student Attorney Appearance, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 9/24/2024. (lcrdm3) (Entered: 09/23/2024)
2024-09-2322ORDER: Upon consideration of Plaintiff's Motion for Leave for Student Attorney Appearance, Dkt. 20 , it is hereby ORDERED that the motion is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 9/24/2024. (lcrdm3) (Entered: 09/23/2024)
2024-09-3023Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 09/30/2024)
2024-10-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 25, 2024. It is further ORDERED that the parties shall meet and confer before filing the next joint status report to discuss whether their disputes can be narrowed and, if necessary, determine which matters in this case will require briefing. The parties are reminded that, pursuant to the Court's standing order, Dkt. 3 , any party seeking to move for summary judgment must file a notice and schedule a premotion conference with the Court. Signed by Judge Randolph D. Moss on 10/14/2024. (lcrdm3) (Entered: 10/14/2024)
2024-11-2524Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 11/25/2024)
2024-11-25MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 17, 2025. Signed by Judge Randolph D. Moss on 11/25/2024. (lcrdm3) (Entered: 11/25/2024)
2025-01-1725Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 01/17/2025)
2025-01-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 18, 2025. Signed by Judge Randolph D. Moss on 1/20/2025. (lcrdm3) (Entered: 01/20/2025)
2025-03-1726Joint STATUS REPORT by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER. (Gutman, Jeffrey) (Entered: 03/17/2025)
2025-03-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 18, 2025. Signed by Judge Randolph D. Moss on 3/18/2025. (lcrdm3) (Entered: 03/18/2025)
2025-04-1627Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 04/16/2025)
2025-04-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 19, 2025. Signed by Judge Randolph D. Moss on 4/17/2025. (lcrdm3) (Entered: 04/17/2025)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar