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Case TitleAustin Sanctuary Network et al v. United States Immigration and Customs Enforcement et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv01686
Date Filed2020-02-26
Date ClosedOpen
JudgeJudge Lewis J. Liman
PlaintiffAustin Sanctuary Network
PlaintiffFree Migration Project
PlaintiffGrassroots Leadership
PlaintiffCenter for Constitutional Rights
Case DescriptionThe Austin Sanctuary Network, the Free Migration Project, Grassroots Leadership, and the Center for Constitutional Rights submitted a FOIA request to U.S. Immigration and Customs Enforcement, Department of Treasury, and the Executive Office for Immigration Review for records concerning policies or guidance pertaining to fines or penalties imposed on individuals taking sanctuary in churches or elsewhere pursuant to the Immigration and Nationality Act. The organizations asked for expedited processing and a fee waiver. The agencies all acknowledged the requests. Several agencies denied expedited processing. EOIR responded to the request by indicating it had no records. The organizations filed an administrative appeal of EOIR's no records response. DOJ upheld the agency's no records response. The organizations then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Immigration and Customs Enforcement
DefendantUnited States Department of the Treasury
DefendantUnited States Department of Justice Executive Office for Immigration Review
Documents
Docket
Complaint
Opinion/Order [11]
Opinion/Order [23]
Opinion/Order [24]
Opinion/Order [26]
Opinion/Order [32]
Opinion/Order [42]
Opinion/Order [77]
Opinion/Order [88]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-261COMPLAINT against Executive Office For Immigration Review, U.S. Immigration Customs Enforcement, United States Department of the Treasury. (Filing Fee $ 400.00, Receipt Number ANYSDC-18924463)Document filed by Center for Constitutional Rights, Austin Sanctuary Network, Grassroots Leadership, Free Migration Project..(Schwarz, Ghita) (Entered: 02/26/2020)
2020-02-262CIVIL COVER SHEET filed..(Schwarz, Ghita) (Entered: 02/26/2020)
2020-02-263FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration Customs and Enforcement Agency, U.S. Department of the Treasury, U.S. Department of Justice Executive Office for Immigration Review, re: 1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita) Modified on 2/27/2020 (pc). (Entered: 02/26/2020)
2020-02-27***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ghita Schwarz. The party information for the following party/parties has been modified: U.S. Immigration Customs Enforcement, Executive Office For Immigration Review. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) (Entered: 02/27/2020)
2020-02-27***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ghita Schwarz to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party names must exactly match what is listed on the complaint caption title (no acronyms);. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 02/27/2020)
2020-02-27CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 02/27/2020)
2020-02-27Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 02/27/2020)
2020-02-27Case Designated ECF. (pc) (Entered: 02/27/2020)
2020-02-284ORDER: Initial Conference set for 3/17/2020 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/28/2020) (va) (Entered: 02/28/2020)
2020-02-285FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, United States Department of the Treasury, and United States Department of Justice Executive Office for Immigration Review, re: 1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita) Modified on 3/2/2020 (dnh). (Entered: 02/28/2020)
2020-03-02***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ghita Schwarz to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party names listed in the defendant 'To:' section of the summons PDF must exactly match the party of record. Do not abbreviate party names. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 03/02/2020)
2020-03-036REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, United States Department of the Treasury, and United States Department of Justice Executive Office for Immigration Review, re: 1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita) (Entered: 03/03/2020)
2020-03-037NOTICE OF APPEARANCE by Alina Das on behalf of Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 03/03/2020)
2020-03-048ELECTRONIC SUMMONS ISSUED as to United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(dnh) (Entered: 03/04/2020)
2020-03-089AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of Justice Executive Office for Immigration Review served on 3/4/2020, answer due 3/25/2020; United States Department of the Treasury served on 3/4/2020, answer due 3/25/2020; United States Immigration and Customs Enforcement served on 3/4/2020, answer due 3/25/2020. Service was accepted by Osrick Gordon, Civil Clerk. Document filed by Center for Constitutional Rights; Austin Sanctuary Network; Grassroots Leadership; Free Migration Project..(Schwarz, Ghita) (Entered: 03/08/2020)
2020-03-1010JOINT MOTION to Adjourn Conference and Plaintiffs' Request for Production and Briefing Order . Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit Production Orders, # 2 Text of Proposed Order Plaintiffs' Proposed Order).(Das, Alina) (Entered: 03/10/2020)
2020-03-1311ORDER denying 10 Letter Motion to Adjourn Conference. It is hereby ORDERED that the request to adjourn the conference scheduled for March 17, 2020 at 3:00 p.m. is DENIED. The parties shall be prepared to discuss the request for production and a briefing schedule. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/13/2020) (va) (Entered: 03/13/2020)
2020-03-13ORDER: The Initial Pretrial Conference scheduled for March 17, 2020 at 3:00PM will now proceed by TELEPHONE CONFERENCE. Parties are directed to dial in to the Court's teleconference number at 888-251-2909, Access Code 2123101 and follow the necessary prompts. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 03/13/2020)
2020-03-1612NOTICE OF APPEARANCE by Alexander James Hogan on behalf of United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 03/16/2020)
2020-03-1613LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated March 16, 2020 re: March 17, 2020 conference. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 03/16/2020)
2020-03-1714LETTER addressed to Judge Lewis J. Liman from Alina Das dated 03/17/2020 re: Law Student Appearance Forms. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit Law Student Appearance Form for Lauren Wilfong, # 2 Exhibit Law Student Appearance Form for Daniel Lee).(Das, Alina) (Entered: 03/17/2020)
2020-03-1715MEMO ENDORSEMENT on re: 14 Letter, filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network. ENDORSEMENT: I authorize this student: (a) to appear in court or at other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. Name of intern Lauren Wilfong. (Signed by Judge Lewis J. Liman on 3/17/2020) (va) Modified on 3/20/2020 (va). (Entered: 03/17/2020)
2020-03-1716ORDER: It is hereby ORDERED that Defendants will make a first production of documents in response to the Freedom of Information Act request by April 27, 2020. IT IS FURTHER ORDERED that a status conference is scheduled for April 29, 2020 at 4:00 p.m. to discuss the schedule for further monthly productions from Defendants and for summary judgment briefing. So ordered. (Status Conference set for 4/29/2020 at 04:00 PM before Judge Lewis J. Liman). (Signed by Judge Lewis J. Liman on 3/17/2020) (rjm) (Entered: 03/18/2020)
2020-03-17Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 3/17/2020 by Telephone Conference. Lauren Wilfong, Alina Das, Daniel Lee, Ghita Schwarz, and Lupe Aguirre present by telephone for Plaintiffs. Alexander Hogan present by telephone for Defendants. Court reporter present by telephone. (mf) (Entered: 03/25/2020)
2020-04-0317ANSWER to 1 Complaint,. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 04/03/2020)
2020-04-0918LETTER MOTION to Expedite Deadline for Initial Production addressed to Judge Lewis J. Liman from Alina Das dated 04/09/2020. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit Correspondence, # 2 Exhibit Declaration of Daniel Lee, # 3 Text of Proposed Order Proposed Order).(Das, Alina) (Entered: 04/09/2020)
2020-04-1319ORDER granting 18 Letter Motion to Expedite. It is hereby ORDERED that Defendants will make their initial production of documents by April 22, 2020, including the documents that were prepared for, consulted, or used with or given to the Washington Times regarding the nine individuals. The status previously scheduled for April 29, 2020 will take place at that date and that time and will proceed by telephone. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101 and follow the necessary prompts. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/13/2020) (va) (Entered: 04/13/2020)
2020-04-13Set/Reset Hearings: Telephone Conference set for 4/29/2020 at 04:00 PM before Judge Lewis J. Liman. (va) (Entered: 04/13/2020)
2020-04-1320LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated April 13, 2020 re: Court's April 13, 2020, order. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 04/13/2020)
2020-04-1321LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated April 13, 2020 re: Defendants' response to Plaintiffs' letter dated April 9. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 04/13/2020)
2020-04-1422LETTER REPLY to Response to Motion addressed to Judge Lewis J. Liman from Alina Das dated 4/14/2020 re: 18 LETTER MOTION to Expedite Deadline for Initial Production addressed to Judge Lewis J. Liman from Alina Das dated 04/09/2020. . Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 04/14/2020)
2020-04-1423ORDER: It is hereby ORDERED that a status conference is scheduled for April 14, 2020 at 5:30 p.m. to discuss the parties' submissions and the Court's April 13 Order. The parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. ( Telephone Conference set for 4/14/2020 at 05:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 4/14/2020) (tro) (Entered: 04/14/2020)
2020-04-1424ORDER. Defendants have asked the Court to reconsider its order of April 13, 2020 ("April 13 Order"), which was entered prior to Defendants' submission of the same date. Plaintiffs ask the Court to adhere to that April 13 Order. The Court has carefully considered the arguments set forth in the letters submitted by the parties and presented in oral argument today. See Dkt. Nos. 18-22. For the reasons that follow, the Court modifies the April 13 Order as follows: 1. Defendant Department of Treasury ("DOT") may make its initial production in response to the FOIA request by the original date of April 27, 2020 and need not make a production by April 22, 2020. Defendants seek that relief and Plaintiffs do not object, and as further specified and set forth in this order. At oral argument today, counsel representing Defendant ICE was unable to offer specifics as to why ERO would be unable to assemble the requisite documents in sufficient time to meet the April 22 deadline as opposed to the April 27 deadline originally ordered. To be clear, this Order shall not require Defendants to include in their initial production documents beyond those yielded by the search terms. So ordered. (Signed by Judge Lewis J. Liman on 4/14/2020) (rjm) (Entered: 04/15/2020)
2020-04-14Minute Entry for proceedings held before Judge Lewis J. Liman: Telephonic Status Conference held on 4/14/2020. Lauren Wilfong, Alina Das, Daniel Lee, Ghita Schwarz, and Guadalupe Aguirre present by telephone for Plaintiffs. Alexander Hogan present by telephone for Defendants. Court reporter present by telephone. (mf) (Entered: 04/30/2020)
2020-04-2925JOINT LETTER addressed to Judge Lewis J. Liman from Alina Das on behalf of all counsel dated 4/29/2020 re: Production. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit Letter re First Interim Release, # 2 Exhibit Production Orders, # 3 Text of Proposed Order Plaintiffs' Proposed Order).(Das, Alina) (Entered: 04/29/2020)
2020-04-29Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference held on 4/29/2020 by Telephone Conference. Lauren Wilfong, Alina Das, Daniel Lee, Ghita Schwarz, and Guadalupe Aguirre present by telephone for Plaintiffs. Alexander Hogan present by telephone for Defendants. Court reporter present by telephone. (mf) (Entered: 05/11/2020)
2020-05-0126ORDER: On March 17, 2020, the Court ordered that Defendants make their first production of documents in response to Plaintiffs' Freedom of Information Act by April 27, 2020. Dkt. No. 16. On April 29, 2020, the parties submitted a joint letter in which each party set forth its position on a schedule for further monthly productions. Dkt. No. 29. The Court held a status conference that day. It is hereby ORDERED that the Defendants will review and process 1,200 pages of documents and produce responsive documents by the 29th of each month or, if the 29th falls on a weekend, the next business day. Defendant ICE shall submit a letter to the Court by May 29, 2020 that indicates the number of pages in the 400 documents referenced in the parties' joint letter. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/14/2020) (va) (Entered: 05/01/2020)
2020-05-0527TRANSCRIPT of Proceedings re: CONFERENCE held on 4/29/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/5/2020. Release of Transcript Restriction set for 8/3/2020..(McGuirk, Kelly) (Entered: 05/05/2020)
2020-05-0528NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/29/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/05/2020)
2020-05-0529TRANSCRIPT of Proceedings re: CONFERENCE held on 4/14/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/5/2020. Release of Transcript Restriction set for 8/3/2020..(McGuirk, Kelly) (Entered: 05/05/2020)
2020-05-0530NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/14/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/05/2020)
2020-05-2931LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated May 29, 2020 re: status update. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 05/29/2020)
2021-02-0132ORDER: In its May 1, 2020 Order, the Court ordered Defendants to review and process 1,200 pages of documents and produce responsive documents by the 29th of each month or, if the 29th falls on a weekend, the next business day. Dkt. No. 26. Defendant U.S. Immigration and Customs Enforcement ("ICE") provided a status update to the Court on May 29, 2020 that indicated that there were 11,361 pages of documents left to be processed. Dkt. No. 31. It is hereby ORDERED Defendant ICE shall provide a status update to the Court by March 5, 2021 that indicates the number of pages left to be processed. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/1/2021) (va) (Entered: 02/01/2021)
2021-03-0533LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated March 5, 2021 re: status update. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 03/05/2021)
2021-03-1234MEMO ENDORSEMENT on re: 33 Letter, filed by United States Immigration and Customs Enforcement, United States Department of the Treasury, United States Department of Justice Executive Office for Immigration Review. ENDORSEMENT: Defendant shall provide a status update by April 16, 2021. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/12/2021) (va) (Entered: 03/12/2021)
2021-04-1635LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated April 16, 2021 re: status update. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 04/16/2021)
2021-04-1936MEMO ENDORSEMENT on re: 35 Letter, filed by United States Immigration and Customs Enforcement, United States Department of the Treasury, United States Department of Justice Executive Office for Immigration Review. ENDORSEMENT: Granted. In the parties cannot reach agreement, the Court will hold a telephonic conference to discuss summary judgment practice on April 27, 2021 at 5:00 p.m. So Ordered. (Telephone Conference set for 4/27/2021 at 05:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 4/19/2021) (js) (Entered: 04/19/2021)
2021-04-2137LETTER MOTION for Extension of Time and adjournment of April 27 conference addressed to Judge Lewis J. Liman from Alexander J. Hogan dated April 21, 2021. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 04/21/2021)
2021-04-2238ORDER granting 37 Letter Motion for Extension of Time and adjournment of conference. The parties time to provide an update to the Court as to summary judgment practice is extended to April 30, 2021. The Telephone Conference is rescheduled to May 5, 2021 at 3:00PM. Parties are reminded to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mf) (Entered: 04/22/2021)
2021-04-22Set/Reset Hearings: Telephone Conference set for 5/5/2021 at 03:00 PM before Judge Lewis J. Liman. (mf) (Entered: 04/22/2021)
2021-04-3039LETTER addressed to Judge Lewis J. Liman from Alina Das dated 04/30/2021 re: Summary Judgment. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit A).(Das, Alina) (Entered: 04/30/2021)
2021-04-3040LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated April 30, 2021 re: defendants' summary judgment proposal. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1).(Hogan, Alexander) (Entered: 04/30/2021)
2021-05-05Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 5/5/2021. Alina Das and Ghita Schwarz present by telephone for Plaintiffs. Alexander Hogan present by telephone for Defendants. Court reporter present by telephone. Next Telephone Conference set for May 10, 2021 at 3:00PM before Judge Lewis J. Liman. (Dial-in #888-251-2909, access code 2123101) (mf) (Entered: 05/08/2021)
2021-05-05Set/Reset Hearings: Telephone Conference set for 5/10/2021 at 03:00 PM before Judge Lewis J. Liman. (mf) (Entered: 05/08/2021)
2021-05-0941LETTER MOTION to Adjourn Conference scheduled for May 10, 2021 addressed to Judge Lewis J. Liman from Alexander J. Hogan dated May 9, 2021. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 05/09/2021)
2021-05-1042ORDER granting 41 Letter Motion to Adjourn Conference. In light of the parties' agreement, the conference previously scheduled for May 10, 2021 is cancelled. So Ordered. (Signed by Judge Lewis J. Liman on 5/10/2021) (js) (Entered: 05/10/2021)
2021-05-10Set/Reset Deadlines: Cross Motions due by 11/1/2021. Motions due by 9/2/2021. Responses due by 11/22/2021 Replies due by 12/13/2021. (js) (Entered: 05/10/2021)
2021-06-0143TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2021 before Judge Lewis J. Liman. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/22/2021. Redacted Transcript Deadline set for 7/2/2021. Release of Transcript Restriction set for 8/30/2021..(McGuirk, Kelly) (Entered: 06/01/2021)
2021-06-0144NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/5/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 06/01/2021)
2021-07-1445NOTICE OF APPEARANCE by Tara Schwartz on behalf of United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 07/14/2021)
2021-07-1446MOTION for Alexander J. Hogan to Withdraw as Attorney . Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander) (Entered: 07/14/2021)
2021-07-1547ORDER granting 46 Motion to Withdraw as Attorney. Attorney Alexander James Hogan terminated (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (ra) (Entered: 07/15/2021)
2021-08-1748LETTER MOTION for Extension of Time for Summary Judgment Briefing addressed to Judge Lewis J. Liman from Tara Schwartz dated August 17, 2021. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 08/17/2021)
2021-08-1849ORDER granting 48 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 08/18/2021)
2021-09-2350LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Lewis J. Liman from Tara Schwartz dated September 23, 2021. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 09/23/2021)
2021-09-2351ORDER granting 50 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 09/23/2021)
2021-10-2152LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Lewis J. Liman from Tara Schwartz dated October 21, 2021. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 10/21/2021)
2021-10-2153ORDER granting 52 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 10/21/2021)
2021-10-2954MOTION for Summary Judgment . Document filed by United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 10/29/2021)
2021-10-2955MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment . . Document filed by United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 10/29/2021)
2021-10-2956DECLARATION of Fernando Pineiro in Support re: 54 MOTION for Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Schwartz, Tara) (Entered: 10/29/2021)
2022-02-0457NOTICE OF APPEARANCE by Katherine Marie Gallagher on behalf of Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Gallagher, Katherine) (Entered: 02/04/2022)
2022-02-0458CROSS MOTION for Summary Judgment . Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 02/04/2022)
2022-02-0459DECLARATION of Rebecca Schectman in Support re: 58 CROSS MOTION for Summary Judgment .. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F).(Das, Alina) (Entered: 02/04/2022)
2022-02-0460DECLARATION of David Bennion in Support re: 58 CROSS MOTION for Summary Judgment .. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 02/04/2022)
2022-02-0461MEMORANDUM OF LAW in Support re: 58 CROSS MOTION for Summary Judgment . and in Opposition to Defendant's Motion for Summary Judgment . Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 02/04/2022)
2022-02-0462NOTICE of Exhibit Chart re: 59 Declaration in Support of Motion,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 02/04/2022)
2022-03-0463REPLY MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment . . Document filed by United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 03/04/2022)
2022-03-0464DECLARATION of Tara Schwartz in Support re: 54 MOTION for Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Excerpted Vaughn Index).(Schwartz, Tara) (Entered: 03/04/2022)
2022-03-0465DECLARATION of Michele E. Welch in Support re: 54 MOTION for Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Schwartz, Tara) (Entered: 03/04/2022)
2022-03-0466DECLARATION of Fernando Pineiro in Support re: 54 MOTION for Summary Judgment .. Document filed by United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 03/04/2022)
2022-03-3067CONSENT LETTER MOTION for Extension of Time to File Response/Reply in Support of Plaintiffs' Cross-Motion addressed to Judge Lewis J. Liman from Alina Das dated 3/30/2022. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 03/30/2022)
2022-03-3168ORDER granting 67 Letter Motion for Extension of Time to File Response/Reply re 67 CONSENT LETTER MOTION for Extension of Time to File Response/Reply in Support of Plaintiffs' Cross-Motion addressed to Judge Lewis J. Liman from Alina Das dated 3/30/2022. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 03/31/2022)
2022-04-2269REPLY MEMORANDUM OF LAW in Support re: 58 CROSS MOTION for Summary Judgment . . Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit List, # 2 Exhibit Ex. A, # 3 Exhibit Ex. B).(Das, Alina) (Entered: 04/22/2022)
2022-08-04ORDER: The Court will hear oral argument from parties regarding the pending motions for summary judgment on September 15, 2022 at 2:00PM. The hearing will be held in-person in Courtroom 15C at the 500 Pearl Street Courthouse. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 08/04/2022)
2022-08-04Set/Reset Hearings: Oral Argument set for 9/15/2022 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf) (Entered: 08/04/2022)
2022-08-1870JOINT LETTER MOTION for Extension of Time (to Reschedule Hearing) addressed to Judge Lewis J. Liman from Alina Das dated 08/18/2022. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 08/18/2022)
2022-08-1871ORDER denying 70 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mcf) (Entered: 08/18/2022)
2022-09-0672LETTER addressed to Judge Lewis J. Liman from Alina Das dated 09/06/2022 re: Law Student Intern Appearance Forms. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit Law Student Intern Appearance Form - Vibha Kannan, # 2 Exhibit Law Student Intern Appearance Form - Rebecca Schectman).(Das, Alina) (Entered: 09/06/2022)
2022-09-0773LETTER addressed to Judge Lewis J. Liman from Katherine Gallagher dated September 7, 2022 re: Request for Telephonic Access at Court Conference. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Gallagher, Katherine) (Entered: 09/07/2022)
2022-09-0774MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM of Vibha Kannan re: 72 Letter, filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Lewis J. Liman on 9/6/2022) (vfr) Modified on 9/7/2022 (vfr). (Entered: 09/07/2022)
2022-09-0775MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM of Rebecca Schectman re: 72 Letter, filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Lewis J. Liman on 9/6/2022) (vfr) (Entered: 09/07/2022)
2022-09-07ORDER granting 73 Letter re: Request for Telephonic Access at Court Conference filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network. In addition to seating in the Courtroom for the Oral Argument scheduled for September 15, 2022 at 2:00PM, the public may also access the hearing through the Court's audio only teleconference line by dialing 888-251-2909 and using access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 09/07/2022)
2022-09-1376LETTER addressed to Judge Lewis J. Liman from Alina Das dated 9/13/2022 re: Revised Exhibit Chart and Updated Exhibits. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit Chart - Revised, # 2 Exhibit A - Updated, # 3 Exhibit B - Updated, # 4 Exhibit C - Updated, # 5 Exhibit D - Updated).(Das, Alina) (Entered: 09/13/2022)
2022-09-15Minute Entry for proceedings held before Judge Lewis J. Liman: Oral Argument held on 9/15/2022 re: 54 MOTION for Summary Judgment filed by United States Immigration and Customs Enforcement and 58 CROSS MOTION for Summary Judgment filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network. Rebecca Schectman, Vibha Kannan, Alina Das, and Ghita Schwarz present for Plaintiffs. Tara Schwartz present for Defendants. Court reporter present. The Court heard oral argument from both parties regarding the pending motions for summary judgment. Motions taken under advisement, decision reserved by the Court. Defendants counsel directed to order a copy of the transcript of the hearing. (mf) (Entered: 09/19/2022)
2022-09-1977OPINION AND ORDER re: 58 CROSS MOTION for Summary Judgment, filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network; 54 MOTION for Summary Judgment, filed by United States Immigration and Customs Enforcement. For the reasons discussed above, ICE's motion for summary judgment is GRANTED IN PART and DENIED IN PART. Plaintiffs' motion for summary judgment is GRANTED IN PART and DENIED IN PART. The denial of ICE's motion is without prejudice to a renewed motion concerning the adequacy of ICE's search, the withholding of Exhibits D.5, D.9, D.18, and D.20 on the basis of the deliberative process privilege, the withholding of documents on the basis of the attorney-client privilege, and ICEs continued withholding of certain names under Exemptions 6 and 7(C). As detailed in Section I.D, ICE is ordered to conduct a new search for additional records responsive to Plaintiffs' FOIA Request. The parties are directed to meet and confer regarding the date by which ICE will complete that search as well as a briefing schedule for the parties' renewed motions for summary judgment. After the parties have met and conferred, they are directed to notify the Court by October 4, 2022 of the dates that they decide upon and/or any remaining disagreements as the appropriate dates. The Clerk of Court is respectfully directed to close Dkt. Nos. 54, 58. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/19/2022) (va) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/20/2022)
2022-10-0478JOINT LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Tara Schwartz dated October 4, 2022. Document filed by United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 10/04/2022)
2022-10-0479ORDER granting 78 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 10/04/2022)
2022-10-1180TRANSCRIPT of Proceedings re: CONFERENCE held on 9/15/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/9/2023..(McGuirk, Kelly) (Entered: 10/11/2022)
2022-10-1181NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/15/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 10/11/2022)
2022-10-1182JOINT LETTER addressed to Judge Lewis J. Liman from Alina Das dated 10/11/2022 re: Joint Status Update. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 10/11/2022)
2022-10-1383ORDER re: 82 Letter. ICE is directed to respond to Plaintiffs' request that the Court set a production schedule by October 17, 2022. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mcf) (Entered: 10/13/2022)
2022-10-1384LETTER addressed to Judge Lewis J. Liman from Tara Schwartz dated October 13, 2022 re: Response to Plaintiffs' Requested Production Schedule. Document filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Appendix Declaration of Lynnea Schurkamp).(Schwartz, Tara) (Entered: 10/13/2022)
2022-10-1485LETTER addressed to Judge Lewis J. Liman from Alina Das dated 10/14/2022 re: ICE's 10/13/2022 Submission. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina) (Entered: 10/14/2022)
2022-10-1486MEMO ENDORSEMENT on re: 85 Letter, filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network. ENDORSEMENT: ORDER: Plaintiffs have until October 17, 2022 to respond to Defendant's submission. (Signed by Judge Lewis J. Liman on 10/14/2022) (va) (Entered: 10/14/2022)
2022-10-1787LETTER addressed to Judge Lewis J. Liman from Alina Das dated 10/17/2022 re: Def. Oct. 13, 2022 Letter re: Production Schedule. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: # 1 Exhibit A - Agency Decl. in ILL v. ICE, # 2 Exhibit B - Excerpt from IDP v. ICE, # 3 Exhibit C - Excerpt from NIP v. DHS, # 4 Exhibit D - Excerpt from DWN v. ICE).(Das, Alina) (Entered: 10/17/2022)
2022-10-1888ORDER: Having reviewed the parties' positions as to each of these disputed issues, the Court orders ICE to produce Exhibits A.8, C.4, the portions of D.14 not subject to FOIA Exemption 7(C) redactions, and the portions of D.17 withheld only under the deliberative process privilege by December 12, 2022. ICE's obligation to produce Exhibits D.5, D.9, D.18, and D.20 and its attorney-client privilege withholdings is stayed pending a decision on ICE's anticipated renewed motion for summary judgment. The Court further orders ICE to complete its search by November 22, 2022 and sets a processing schedule of 500 pages per month. (As further set forth herein.) A status conference is scheduled in this matter for January 11, 2023 at 11am. The status conference will take place in person in Courtroom 15C at 500 Pearl St., New York, NY 10007. SO ORDERED. ( Status Conference set for 1/11/2023 at 11:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 10/18/2022) (va) (Entered: 10/18/2022)
2022-11-2189CONSENT LETTER MOTION for Extension of Time for ICE to Complete Search addressed to Judge Lewis J. Liman from Tara Schwartz dated November 21, 2022. Document filed by United States Immigration and Customs Enforcement..(Schwartz, Tara) (Entered: 11/21/2022)
2022-11-2290ORDER granting 89 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 11/22/2022)
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