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Case TitleNAFKHA v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01102
Date Filed2022-04-21
Date ClosedOpen
JudgeChief Judge James E. Boasberg
PlaintiffMOUNIR NAFKHA
Case DescriptionMounir Nafkha submitted two FOIA requests to U.S. Immigration and Customs Enforcement for records concerning videos of his assault by Officer Roque in the Krome North recreation yard. Nafkha also requested expedited processing. The agency acknowledged receipt of the requests and granted Nafkha's request for expedited processing. After hearing nothing further from the agency, Nafkha filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

Defendant2255
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-211COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 402 receipt number ADCDC-9186897) filed by MOUNIR NAFKHA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Proposed)(Kenney, Mary) Modified on 4/22/2022 to edit docket text (zjm). (Entered: 04/21/2022)
2022-04-212MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Trina Realmuto, Filing fee $ 100, receipt number ADCDC-9188157. Fee Status: Fee Paid. by MOUNIR NAFKHA. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kenney, Mary) (Entered: 04/21/2022)
2022-04-22NOTICE OF ERROR re 1 Complaint; emailed to mary@immigrationlitigation.org, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Exhibits should not be combined with the main document; they should be added as attachments. No action is required at this time. (zjm, ) (Entered: 04/22/2022)
2022-04-22Case Assigned to Judge James E. Boasberg. (zjm) (Entered: 04/22/2022)
2022-04-223SUMMONS (3) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 04/22/2022)
2022-04-22MINUTE ORDER GRANTING 2 Motion for Admission Pro Hac Vice of TRINA REALMUTO. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . So ORDERED by Judge James E. Boasberg on 4/22/2022. (lcjeb3) (Entered: 04/22/2022)
2022-04-254NOTICE of Appearance by Trina Ann Realmuto on behalf of MOUNIR NAFKHA (Realmuto, Trina) (Entered: 04/25/2022)
2022-05-035RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/2/2022. Answer due for ALL FEDERAL DEFENDANTS by 6/1/2022. (Realmuto, Trina) (Entered: 05/03/2022)
2022-05-036RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/2/2022. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 5/2/2022. (See Docket Entry 5 to view document) (ztth) (Entered: 05/03/2022)
2022-05-237NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 05/23/2022)
2022-05-318Unopposed MOTION for Extension of Time to File Answer by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (McBride, Patricia) (Entered: 05/31/2022)
2022-06-01MINUTE ORDER GRANTING 8 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Answer by July 1, 2022. So ORDERED by Judge James E. Boasberg on 6/1/2022. (lcjeb3) (Entered: 06/01/2022)
2022-06-01Set/Reset Deadlines: Answer due by 7/1/2022. (znbn) (Entered: 06/01/2022)
2022-06-299MOTION for Extension of Time to File Answer by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (McBride, Patricia) (Entered: 06/29/2022)
2022-06-30MINUTE ORDER: If Plaintiff opposes the Government's 9 Motion for Extension, the Court ORDERS that Plaintiff shall file an opposition by July 1, 2022. So ORDERED by Judge James E. Boasberg on 6/30/2022. (lcjeb3) (Entered: 06/30/2022)
2022-06-30Set/Reset Deadlines: Opposition due by 7/1/2022. (nbn) (Entered: 06/30/2022)
2022-06-3010ERRATA To Update MTE by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT re 9 MOTION for Extension of Time to File Answer filed by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (McBride, Patricia) (Entered: 06/30/2022)
2022-07-01MINUTE ORDER GRANTING 9 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Answer by July 15, 2022. So ORDERED by Judge James E. Boasberg on 7/1/2022. (lcjeb3) (Entered: 07/01/2022)
2022-07-01Set/Reset Deadlines: Answer due by 7/15/2022. (nbn) (Entered: 07/01/2022)
2022-07-01Set/Reset Deadlines: Answer due by 7/15/2022. (nbn) (Entered: 07/05/2022)
2022-07-2111MOTION for Leave to File by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit Answer)(McBride, Patricia) (Entered: 07/21/2022)
2022-07-21MINUTE ORDER: The Court ORDERS that if Plaintiff opposes Defendant's 11 Motion for Leave, Plaintiff shall file such opposition by July 22, 2022. So ORDERED by Judge James E. Boasberg on 7/21/2022. (lcjeb1) (Entered: 07/21/2022)
2022-07-21Set/Reset Deadlines: Opposition due by 7/22/2022. (nbn) (Entered: 07/22/2022)
2022-07-25MINUTE ORDER GRANTING 11 Motion for Leave to File. Defendant's Answer is deemed FILED. So ORDERED by Judge James E. Boasberg on 7/25/2022. (lcjeb3) (Entered: 07/25/2022)
2022-07-2512ANSWER to Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (ztth) (Entered: 08/01/2022)
2022-08-01MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by August 15, 2022. So ORDERED by Judge James E. Boasberg on 8/1/2022. (lcjeb3) (Entered: 08/01/2022)
2022-08-01Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 8/15/2022 (lsj) (Entered: 08/01/2022)
2022-08-1213Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (McBride, Patricia) (Entered: 08/12/2022)
2022-08-15MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further Joint Status Report by October 14, 2022. So ORDERED by Judge James E. Boasberg on 8/15/2022. (lcjeb3) (Entered: 08/15/2022)
2022-08-15Set/Reset Deadlines: Status Report due by 10/14/2022. (znbn) (Entered: 08/15/2022)
2022-10-1414STATUS REPORT by MOUNIR NAFKHA. (Realmuto, Trina) (Entered: 10/14/2022)
2022-10-1415STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (McBride, Patricia) (Entered: 10/14/2022)
2022-10-18MINUTE ORDER: A Status Conference is set for October 24, 2022, at 2:30 p.m., by Zoom. So ORDERED by Judge James E. Boasberg on 10/18/2022. (lcjeb3) Modified to amend the date on 10/18/2022 (nbn). (Entered: 10/18/2022)
2022-10-18ENTERED IN ERROR.....Set/Reset Hearings: Status Conference set for 10/23/2022 at 02:30 PM in Telephonic/VTC before Judge James E. Boasberg. (nbn) Modified on 10/18/2022 (nbn). (Entered: 10/18/2022)
2022-10-18Set/Reset Hearings: Status Conference set for 10/24/2022 at 02:30 PM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 10/18/2022)
2022-10-24MINUTE ORDER: As discussed at today's Status Conference, the Court ORDERS that the parties shall file a joint status report by November 29, 2022. So ORDERED by Judge James E. Boasberg on 10/24/2022. (lcjeb3) (Entered: 10/24/2022)
2022-10-24Minute Entry for proceedings held before Judge James E. Boasberg: Video Status Conference held on 10/24/2022. Joint Status Report due by 11/29/2022. (Court Reporter Lisa Griffith) (nbn) (Entered: 10/24/2022)
2022-10-24Set/Reset Deadlines: Joint Status Report due by 11/29/2022. (nbn) (Entered: 10/25/2022)
2022-11-2816STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (McBride, Patricia) (Entered: 11/28/2022)
2022-11-29MINUTE ORDER: The Court ORDERS that the parties shall submit a Joint Status Report by December 13, 2022, which shall include a further update regarding video production and production rates. So ORDERED by Judge James E. Boasberg on 11/29/2022. (lcjeb3) (Entered: 11/29/2022)
2022-11-29Set/Reset Deadlines: Joint Status Report due by 12/13/2022 (lsj) (Entered: 11/29/2022)
2022-12-1317STATUS REPORT by MOUNIR NAFKHA. (Realmuto, Trina) (Entered: 12/13/2022)
2022-12-1318STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (McBride, Patricia) (Entered: 12/13/2022)
2022-12-14MINUTE ORDER: The Court ORDERS that the parties shall provide a Joint Status Report by January 4, 2023. So ORDERED by Judge James E. Boasberg on 12/14/2022. (lcjeb3) (Entered: 12/14/2022)
2022-12-14Set/Reset Deadlines: Joint Status Report due by 1/4/2023. (nbn) (Entered: 12/14/2022)
2022-12-2919NOTICE OF SUBSTITUTION OF COUNSEL by Lshauntee J. Robertson on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Patricia K. McBride (Robertson, Lshauntee) (Entered: 12/29/2022)
2023-01-0420Joint STATUS REPORT by MOUNIR NAFKHA. (Realmuto, Trina) (Entered: 01/04/2023)
2023-01-05MINUTE ORDER: Based on the parties' 20 JSR and counsel's availability, the Court ORDERS that the parties shall appear via zoom for a status hearing on January 20, 2023, at 3:00 p.m. So ORDERED by Judge James E. Boasberg on 1/5/2023. (lcjeb3) (Entered: 01/05/2023)
2023-01-05Set/Reset Hearings: Status Conference set for 1/20/2023 at 03:00 PM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 01/05/2023)
2023-01-20Minute Entry for proceedings held before Judge James E. Boasberg: Video Status Conference held on 1/20/2023. Minute Order forthcoming. (Court Reporter Christine Asif) (nbn) (Entered: 01/20/2023)
2023-01-20MINUTE ORDER: As discussed in today's status hearing, the Court ORDERS that: 1) By February 21, 2023, Defendant shall: a) inquire about the handheld camera footage; b) provide date and time stamps for the four hours of video produced already; c) provide an affidavit regarding the 20 hours of likely sleeping; and d) provide a description of the disputed 12 hours; 2) Defendant shall continue producing video at the rate of 1 hour per month, though it shall also inquire about speeding up such rate; 3) All future productions shall include date and time stamps; and 4) The parties shall submit a further Joint Status Report by March 22, 2023. So ORDERED by Judge James E. Boasberg on 1/20/2023. (lcjeb3) (Entered: 01/20/2023)
2023-01-20Set/Reset Deadlines: Joint Status Report due by 3/22/2023. (nbn) (Entered: 01/20/2023)
2023-03-2221Consent MOTION for Extension of Time to File Joint Status Report by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Robertson, L'Shauntee) (Entered: 03/22/2023)
2023-03-22MINUTE ORDER: The Court ORDERS that: 1) The Consent 21 Motion for Extension of Time is GRANTED; and 2) The parties shall file a joint status report by March 30, 2023. So ORDERED by Chief Judge James E. Boasberg on 3/22/2023. (lcjeb3) (Entered: 03/22/2023)
2023-03-22Set/Reset Deadlines: Joint Status Report due by 3/30/2023. (nbn) (Entered: 03/22/2023)
2023-03-3022Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 03/30/2023)
2023-03-31MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further Joint Status Report by April 20, 2023. So ORDERED by Chief Judge James E. Boasberg on 3/31/2023. (lcjeb3) (Entered: 03/31/2023)
2023-03-31Set/Reset Deadlines: Joint Status Report due by 4/20/2023 (lsj) (Entered: 03/31/2023)
2023-04-2023Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 04/20/2023)
2023-04-21MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Status Report and ORDERS that they shall file a further Joint Status Report by May 22, 2023. So ORDERED by Chief Judge James E. Boasberg on 4/21/2023. (lcjeb1) (Entered: 04/21/2023)
2023-04-21Set/Reset Deadlines: Joint Status Report due by 5/22/2023. (nbn) (Entered: 04/21/2023)
2023-05-2224Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Updated Video Chart)(Realmuto, Trina) (Entered: 05/22/2023)
2023-05-22MINUTE ORDER: The Court ADOPTS the parties' 24 Joint Status Report and ORDERS that they shall file a further Joint Status Report by June 22, 2023. So ORDERED by Chief Judge Judge James E. Boasberg on 5/22/2023. (lcjeb3) (Entered: 05/22/2023)
2023-05-22Set/Reset Deadlines: Joint Status Report due by 6/22/2023. (nbn) (Entered: 05/23/2023)
2023-06-2225Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 06/22/2023)
2023-06-23MINUTE ORDER: The Court ADOPTS the parties' 25 Joint Status Report and ORDERS that they shall file a further Joint Status Report by July 25, 2023. So ORDERED by Chief Judge Judge James E. Boasberg on 6/23/2023. (lcjeb3) (Entered: 06/23/2023)
2023-06-23Set/Reset Deadlines: Joint Status Report due by 7/25/2023. (nbn) (Entered: 06/23/2023)
2023-07-2526Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 07/25/2023)
2023-07-26MINUTE ORDER: The Court ADOPTS the parties' 26 Joint Status Report and ORDERS that they shall file a further joint status report by August 25, 2023. So ORDERED by Chief Judge James E. Boasberg on 07/26/2023. (lcjeb3) (Entered: 07/26/2023)
2023-07-26Set/Reset Deadlines: Joint Status Report due by 8/25/2023. (nbn) (Entered: 07/26/2023)
2023-08-2527Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 08/25/2023)
2023-08-25MINUTE ORDER: The Court ADOPTS the parties' 27 Joint Status Report and ORDERS that they shall file a further joint status report by September 25, 2023. So ORDERED by Chief Judge James E. Boasberg on 8/25/2023. (lcjeb4) (Entered: 08/25/2023)
2023-08-25Set/Reset Deadlines: Joint Status Report due by 9/25/2023 (lsj) (Entered: 08/25/2023)
2023-08-25Set/Reset Deadlines: Joint Status Report due by 9/25/2023. (nbn) (Entered: 08/28/2023)
2023-09-2528Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 09/25/2023)
2023-09-25MINUTE ORDER: The Court ADOPTS the parties' 28 Joint Status Report and ORDERS that they shall file a further joint status report by October 25, 2023. So ORDERED by Chief Judge James E. Boasberg on 09/25/2023. (lcjeb3) (Entered: 09/25/2023)
2023-09-25Set/Reset Deadlines: Joint Status Report due by 10/25/2023. (nbn) (Entered: 09/25/2023)
2023-10-2529Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 10/25/2023)
2023-10-25MINUTE ORDER: The Court ADOPTS the parties' 29 Joint Status Report and ORDERS that they shall file a further joint status report by November 27, 2023. So ORDERED by Chief Judge James E. Boasberg on 10/25/2023. (lcjeb3) (Entered: 10/25/2023)
2023-10-25Set/Reset Deadlines: Status Report due by 11/27/2023. (nbn) (Entered: 10/25/2023)
2023-11-2730Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 11/27/2023)
2023-11-27MINUTE ORDER: The Court ADOPTS the parties' 30 Joint Status Report and ORDERS that they shall file a further joint status report by January 17, 2024. So ORDERED by Chief Judge James E. Boasberg on 11/27/2023. (lcjeb3) (Entered: 11/27/2023)
2023-11-27Set/Reset Deadlines: Joint Status Report due by 1/17/2024. (znbn) (Entered: 11/27/2023)
2024-01-1731Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 01/17/2024)
2024-01-17MINUTE ORDER: The Court ADOPTS the parties' 31 Joint Status Report and ORDERS that they shall file a further joint status report by February 16, 2024. So ORDERED by Chief Judge James E. Boasberg on 1/17/2024. (lcjeb3) (Entered: 01/17/2024)
2024-01-17Set/Reset Deadlines: Joint Status Report due by 2/16/2024. (znbn) (Entered: 01/17/2024)
2024-02-1432Joint STATUS REPORT by MOUNIR NAFKHA. (Attachments: # 1 Exhibit Video Production Chart)(Realmuto, Trina) (Entered: 02/14/2024)
2024-02-14MINUTE ORDER: The Court ADOPTS the parties' 32 Joint Status Report and ORDERS that they shall file a further joint status report by March 15, 2024. So ORDERED by Chief Judge James E. Boasberg on 2/14/2024. (lcjeb3) (Entered: 02/14/2024)
2024-02-15Set/Reset Deadlines: Joint Status Report due by 3/15/2024. (znbn) (Entered: 02/15/2024)
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