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Case TitleNational Bail Fund Network et al v. Immigration & Customs Enforcement et al
DistrictNorthern District of California
CityOakland
Case Number4:2022cv07772
Date Filed2022-12-08
Date ClosedOpen
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffNational Bail Fund Network
PlaintiffNorcal Resist
PlaintiffRefugee and Immigrant Center for Education and Legal Services
PlaintiffPrairielands Freedom Fund
PlaintiffAmerican Immigration Council
Case DescriptionThe National Bail Fund Network, Norcal Resist, Refugee and Immigration Center for Education and Legal Services, Prairieland Freedom Fund, and the American Immigration Council submitted a FOIA request to U.S. Immigration and Customs Enforcement asking the agency to post its policies, interpretations, and staff memos concerning five categories relating to posting of bonds under section (a)(2), the affirmative disclosure provisions of FOIA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the requesters filed suit.
Complaint issues: Failure to respond within statutory time limit, Choice of format, Litigation - Attorney's fees

DefendantImmigration & Customs Enforcement
DefendantU.S. Department of Homeland Security
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

2022-12-081COMPLAINT (No Process) against Homeland Security, Immigration & Customs Enforcement ( Filing fee $ 402, receipt number ACANDC-17797757.). Filed by Prairielands Freedom Fund, National Bail Fund Network, Refugee and Immigrant Center for Education and Legal Services, Norcal Resist Fund, American Immigration Council. (Attachments: # 1 Exhibit Ex. A - FOIA Request, # 2 Exhibit Ex. B - DHS Receipt Notice, # 3 Exhibit Ex. C - ICE Email Notice, # 4 Exhibit Ex. D - Previous Request for Bond Handbook 1, # 5 Exhibit Ex. E - Previous Request for Bond Handbook 2, # 6 Exhibit Ex. F - Previous Request for Bond Handbook 3, # 7 Civil Cover Sheet)(Pennington, Alison) (Filed on 12/8/2022) Modified on 12/9/2022 (anj, COURT STAFF). (Entered: 12/08/2022)
2022-12-082MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17798366.) filed by American Immigration Council, National Bail Fund Network, Norcal Resist Fund, Prairielands Freedom Fund, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit Certificate of Good Standing)(Zhang, Jessica) (Filed on 12/8/2022) (Entered: 12/08/2022)
2022-12-083Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/22/2022. (jrs, COURT STAFF) (Filed on 12/8/2022) (Entered: 12/08/2022)
2022-12-094Order by Magistrate Judge Kandis A. Westmore granting 2 Motion for Pro Hac Vice as to Jessica Zhang. (wft, COURT STAFF) (Filed on 12/9/2022) (Entered: 12/09/2022)
2022-12-095MOTION for leave to appear in Pro Hac Vice for Claudia Valenzuela ( Filing fee $ 317, receipt number ACANDC-17800544.) filed by American Immigration Council, National Bail Fund Network, Norcal Resist Fund, Prairielands Freedom Fund, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Valenzuela, Claudia) (Filed on 12/9/2022) (Entered: 12/09/2022)
2022-12-096Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/7/2023. Initial Case Management Conference set for 3/14/2023 01:30 PM in Oakland, - To be determined. (anj, COURT STAFF) (Filed on 12/9/2022) (Entered: 12/09/2022)
2022-12-097Proposed Summons. (Zhang, Jessica) (Filed on 12/9/2022) (Entered: 12/09/2022)
2022-12-098Proposed Summons. (Zhang, Jessica) (Filed on 12/9/2022) (Entered: 12/09/2022)
2022-12-099Proposed Summons. (Zhang, Jessica) (Filed on 12/9/2022) (Entered: 12/09/2022)
2022-12-0910Proposed Summons. (Zhang, Jessica) (Filed on 12/9/2022) (Entered: 12/09/2022)
2022-12-1211MOTION for leave to appear in Pro Hac Vice for Nikhel Sus ( Filing fee $ 317, receipt number ACANDC-17805129.) filed by American Immigration Council, National Bail Fund Network, Norcal Resist, Prairielands Freedom Fund, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit D.C. Bar Certificate of Good Standing)(Sus, Nikhel) (Filed on 12/12/2022) (Entered: 12/12/2022)
2022-12-12Electronic filing error . A maximum of THREE summons will be issued. Please list all defendants on ONE summons or multiple defendant on THREE summons and re-file in its entirety. Re: 7 Proposed Summons filed by Prairielands Freedom Fund, National Bail Fund Network, American Immigration Council, Norcal Resist, Refugee and Immigrant Center for Education and Legal Services, 8 Proposed Summons filed by Prairielands Freedom Fund, National Bail Fund Network, American Immigration Council, Norcal Resist, Refugee and Immigrant Center for Education and Legal Services, 9 Proposed Summons filed by Prairielands Freedom Fund, National Bail Fund Network, American Immigration Council, Norcal Resist, Refugee and Immigrant Center for Education and Legal Services, 10 Proposed Summons filed by Prairielands Freedom Fund, National Bail Fund Network, American Immigration Council, Norcal Resist, Refugee and Immigrant Center for Education and Legal Services (anj, COURT STAFF) (Filed on 12/12/2022) (Entered: 12/12/2022)
2022-12-1212Proposed Summons. (Zhang, Jessica) (Filed on 12/12/2022) (Entered: 12/12/2022)
2022-12-1213MOTION for leave to appear in Pro Hac Vice Raul Pinto ( Filing fee $ 317, receipt number ACANDC-17807285.) filed by American Immigration Council, National Bail Fund Network, Norcal Resist, Prairielands Freedom Fund, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit A)(Pinto, Raul) (Filed on 12/12/2022) (Entered: 12/12/2022)
2022-12-1314Order by Magistrate Judge Kandis A. Westmore granting 5 Motion for Pro Hac Vice as to Claudia Valenzuela. (wft, COURT STAFF) (Filed on 12/13/2022) (Entered: 12/13/2022)
2022-12-1315Order by Magistrate Judge Kandis A. Westmore granting 11 Motion for Pro Hac Vice as to Nikhel Sus. (wft, COURT STAFF) (Filed on 12/13/2022) (Entered: 12/13/2022)
2022-12-1316Order by Magistrate Judge Kandis A. Westmore granting 13 Motion for Pro Hac Vice as to Raul A. Pinto. (wft, COURT STAFF) (Filed on 12/13/2022) (Entered: 12/13/2022)
2022-12-1417Summons Issued as to Immigration & Customs Enforcement, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (anj, COURT STAFF) (Filed on 12/14/2022) (Entered: 12/14/2022)
2022-12-1418MOTION for leave to appear in Pro Hac Vice Yvette Changuin ( Filing fee $ 317, receipt number ACANDC-17821131.) Filing fee previously paid on 12/14/2022 filed by American Immigration Council, National Bail Fund Network, Norcal Resist, Prairielands Freedom Fund, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit TX Bar Certificate of Good Standing)(Changuin, Yvette) (Filed on 12/14/2022) (Entered: 12/14/2022)
2022-12-1419ERRONEOUS ENTRY- Disregard Order by Magistrate Judge Kandis A. Westmore granting 18 Motion for Pro Hac Vice as to Yvette Changuin. (wft, COURT STAFF) (Filed on 12/14/2022) Modified on 12/15/2022 (anj, COURT STAFF). (Entered: 12/14/2022)
2022-12-1420First MOTION for leave to appear in Pro Hac Vice Tamara F. Goodlette ( Filing fee $ 317, receipt number ACANDC-17821746.) filed by American Immigration Council, National Bail Fund Network, Norcal Resist, Prairielands Freedom Fund, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit TX Bar Certificate of Good Standing)(Goodlette, Tamara) (Filed on 12/14/2022) (Entered: 12/14/2022)
2022-12-1421Order by Magistrate Judge Kandis A. Westmore granting 20 Motion for Pro Hac Vice as to Tamara F. Goodlette. (wft, COURT STAFF) (Filed on 12/14/2022) (Entered: 12/14/2022)
2022-12-1522Order by Magistrate Judge Kandis A. Westmore granting 18 Motion for Pro Hac Vice as to Yvette Changuin. (wft, COURT STAFF) (Filed on 12/15/2022) (Entered: 12/15/2022)
2022-12-2223CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Immigration Council, National Bail Fund Network, Norcal Resist, Prairielands Freedom Fund, Refugee and Immigrant Center for Education and Legal Services.. (Zhang, Jessica) (Filed on 12/22/2022) (Entered: 12/22/2022)
2023-01-1824MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17906738.) filed by American Immigration Council. (Attachments: # 1 Exhibit)(Creighton, Emily) (Filed on 1/18/2023) (Entered: 01/18/2023)
2023-01-1925Order by Magistrate Judge Kandis A. Westmore granting 24 Motion for Pro Hac Vice as to Emily Creighton. (wft, COURT STAFF) (Filed on 1/19/2023) (Entered: 01/19/2023)
2023-01-2026AFFIDAVIT of Service for Complaint and Summons served on U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, U.S. Attorney General, U.S. Attorney for the Northern District of California on 12/27/2022, filed by American Immigration Council, National Bail Fund Network, Norcal Resist, Prairielands Freedom Fund, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit USPS Certified Mail Receipts, # 2 Exhibit USPS Certified Mail Return Receipts)(Zhang, Jessica) (Filed on 1/20/2023) (Entered: 01/20/2023)
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