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Case TitleCapital Area Immigrants Rights Coalition v. U.S. Department of Homeland Security et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2023cv01498
Date Filed2023-11-03
Date ClosedOpen
JudgeDistrict Judge Anthony J Trenga
PlaintiffCapital Area Immigrants Rights Coalition
Case DescriptionCapital Area Immigrants' Rights Coalition submitted a FOIA request to U.S. Immigration and Customs Enforcement for records related to the agency's policies regarding the continued detention of non-citizens after they are granted withholding or CAT relief in immigration court. CAIR also requested a fee waiver and that the records be produced in electronic format. The agency acknowledged receipt of the request. The agency disclosed 242 responsive pages. Forty-six pages were released in their entirety, 159 pages were withheld in full, and 37 pages were released with redactions. CAIR filed an administrative appeal. The agency agreed to conduct a further search. However, after hearing nothing further from the agency, CAIR filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security U.S. Department of Homeland Security Privacy Office
DefendantU.S. Immigration & Customs Enforcement, Washington Field Office
Documents
Docket
Complaint
Complaint attachment 1
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

2023-11-031Complaint ( Filing fee $ 402, receipt number AVAEDC-9204187.), filed by CAPITAL AREA IMMIGRANTS RIGHTS COALITION. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, ICE Policies, # 3 Exhibit B, CAIR Co. FOIA Request May 2022, # 4 Exhibit C, ICE FOIA Response May 2023, # 5 Exhibit D, CAIR Co Appeal June 2023, # 6 Exhibit E, ICE FOIA Appeal Dec. July 2023, # 7 Exhibit F, ICE Request for Clarification, # 8 Exhibit G, CAIR Co. Response to Request for Clarification, # 9 Exhibit H, Email Correspondence)(Gregg, Sophia) (Attachment 1 replaced to correct PDF fillable form on 11/6/2023) (Sbro). (Entered: 11/03/2023)
2023-11-032Proposed Summons by CAPITAL AREA IMMIGRANTS RIGHTS COALITION. (Gregg, Sophia) (Main Document 2 replaced to correct PDF fillable form on 11/7/2023) (Sbro). (Entered: 11/03/2023)
2023-11-03Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Ivan D. Davis. (Sbro) (Entered: 11/07/2023)
2023-11-073Summons Issued as to U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney) (Sbro) (Entered: 11/07/2023)
2023-11-134Summons Returned Executed by Capital Area Immigrants Rights Coalition. U.S. Attorney served 11/8/2023, answer due 1/8/2024, U.S. Attorney General served 11/8/2023, U.S. Department of Homeland Security served 11/8/2023, U.S. Immigration & Customs Enforcement, Washington Field Office served 11/8/2023 (Attachments: # 1 Exhibit A, Certified Mail and Delivery Confirmation)(Gregg, Sophia) Modified to correct docket event on 11/15/2023 (Sbro). (Entered: 11/13/2023)
2023-12-075NOTICE of Appearance by Matthew J. Mezger on behalf of U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office (Mezger, Matthew) (Entered: 12/07/2023)
2023-12-076Certificate Reporting Service by U.S. Immigration & Customs Enforcement, Washington Field Office, U.S. Department of Homeland Security. All Defendants. (Mezger, Matthew) (Entered: 12/07/2023)
2023-12-077Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint,, by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 12/07/2023)
2023-12-088ORDERED that the Motion is GRANTED. Defendants shall file their response to the Complaint no later than December 18, 2023 in re 7 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Responses due by 12/18/2023. Signed by Magistrate Judge Ivan D. Davis on 12/8/2023. (Sbro) (Entered: 12/08/2023)
2023-12-189ANSWER to Complaint by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office.(Mezger, Matthew) (Entered: 12/18/2023)
2023-12-1910VACATED PER ORDER (DKT. 16) - SCHEDULING ORDER: Initial Pretrial Conference set for 1/10/2024 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 5/16/2024 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 5/10/2024. Signed by District Judge Anthony J. Trenga on 12/19/2023. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(dzir) Modified on 1/8/2024 to edit docket (Dcrow, ). (Entered: 12/19/2023)
2024-01-0311Motion to appear Pro Hac Vice by Ian Austin Rose and Certification of Local Counsel Sophia Gregg Filing fee $ 75, receipt number AVAEDC-9290667. by Capital Area Immigrants Rights Coalition. (Gregg, Sophia) (Entered: 01/03/2024)
2024-01-0312ORDER granting 11 Motion for Pro hac vice Appointed Ian Austin Rose for Capital Area Immigrants Rights Coalition. Signed by District Judge Anthony J Trenga on 1/3/2024. (swil) (Entered: 01/03/2024)
2024-01-0313Joint Proposed Discovery Plan by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office.(Mezger, Matthew) (Entered: 01/03/2024)
2024-01-0414Order Rule 16(b) Scheduling Order - Because the parties Proposed Joint Discovery Plan [Dkt. No. 13] adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for January 10, 2024, pursuant to Rule 16(b) and this Court's December 19, 2023, Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan, the Court makes the following rulings: The parties Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court. Signed by Magistrate Judge Ivan D. Davis on 01/04/2024. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 01/04/2024)
2024-01-0415MOTION to Vacate 10 Scheduling Order, (Unopposed) by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 01/04/2024)
2024-01-0816ORDERED that the Motion is GRANTED . The Courts Initial Scheduling Order [Dkt. No. 10] is hereby VACATED . It is further ORDERED that the parties shall meet and confer to determine a production schedule, no later than January 19, 2024. It is further ORDERED that the parties shall notify the Court, no later than January 22, 2024, as to whether the parties have agreed to a production schedule. If the parties have failed to agree to a production schedule, they shall notify the Court, no later than January 22, 2024, in order to set the matter for summary judgment briefing. Signed by Magistrate Judge Ivan D. Davis on 1/8/2024. (Dcrow, ) (Entered: 01/08/2024)
2024-01-2217NOTICE by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office re 16 Order on Motion to Vacate,, (Joint) (Mezger, Matthew) (Entered: 01/22/2024)
2024-03-0118STATUS REPORT (Joint, First) by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Mezger, Matthew) (Entered: 03/01/2024)
2024-04-0119STATUS REPORT (Joint, Second) by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Mezger, Matthew) (Entered: 04/01/2024)
2024-05-0120STATUS REPORT (Joint, Third) by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Mezger, Matthew) (Entered: 05/01/2024)
2024-06-0321STATUS REPORT (Joint, Fourth) by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Mezger, Matthew) (Entered: 06/03/2024)
2024-07-0122STATUS REPORT (Joint, Fifth) by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Mezger, Matthew) (Entered: 07/01/2024)
2024-08-0123STATUS REPORT (Joint, Sixth) by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Mezger, Matthew) (Entered: 08/01/2024)
2024-09-0324STATUS REPORT (Joint, Seventh) by U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, Washington Field Office. (Mezger, Matthew) (Entered: 09/03/2024)
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by FOIA Project Staff
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