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Case TitleAmerican Civil Liberties Union Foundation et al v. U.S. Department of Homeland Security et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2022cv09083
Date Filed2022-12-22
Date ClosedOpen
JudgeMagistrate Judge Sallie Kim
PlaintiffAmerican Civil Liberties Union Foundation
PlaintiffACLU Foundation of Northern California
Case DescriptionThe ACLU and the ACLU of Northern California submitted a FOIA request to the Department of Homeland Security for records concerning language access issues in immigration detention from January 2016 to the present. The ACLU also requested expediting processing and a fee waiver. The agency acknowledged receipt of the request and denied the ACLU's request for expedited processing. The agency released seven pages but withheld others under Exemption 5 (privileges) and Exemption 7 (law enforcement records). The ACLU filed an administrative appeal. After hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Department of Homeland Security Office for Civil Rights and Civil Liberties
DefendantU.S. Department of Homeland Security Office of Inspector General
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

2022-12-221COMPLAINT For Declaratory and Injunctive Relief against U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of Inspector General ( Filing fee $ 402, receipt number ACANDC-17849685.). Filed byAmerican Civil Liberties Union Foundation, ACLU Foundation of Northern California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Ong, Andrew) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-222Proposed Summons. (Ong, Andrew) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-223NOTICE of Appearance by Indra Neel Chatterjee (Chatterjee, Indra) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-224NOTICE of Appearance by Elizabeth Jill Low (Low, Elizabeth) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-225MOTION for leave to appear in Pro Hac Vice Sidra Mahfooz ( Filing fee $ 317, receipt number ACANDC-17849760.) filed by ACLU Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: # 1 Certificate of Good Standing)(Mahfooz, Sidra) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-226Certificate of Interested Entities by ACLU Foundation of Northern California, American Civil Liberties Union Foundation identifying Other Affiliate None for ACLU Foundation of Northern California, American Civil Liberties Union Foundation. (Ong, Andrew) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-227Case assigned to Magistrate Judge Sallie Kim. 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 1/5/2023. (bw, COURT STAFF) (Filed on 12/22/2022) (Entered: 12/23/2022)
2022-12-238NOTICE of Appearance by My Khanh Ngo for Plaintiffs (Ngo, My Khanh) (Filed on 12/23/2022) (Entered: 12/23/2022)
2022-12-239Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/20/2023. Initial Case Management Conference set for 3/27/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (dhm, COURT STAFF) (Filed on 12/23/2022) (Entered: 12/23/2022)
2022-12-2310Summons Issued as to U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of Inspector General, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 12/23/2022) (Entered: 12/23/2022)
2022-12-2311NOTICE of Appearance by Hannah Schoen for Plaintiffs. (Schoen, Hannah) (Filed on 12/23/2022) (Entered: 12/23/2022)
2022-12-2312ORDER by Magistrate Judge Sallie Kim granting 5 Motion for Pro Hac Vice. (trs, COURT STAFF) (Filed on 12/23/2022) (Entered: 12/23/2022)
2023-01-0313SUMMONS Returned Executed (FOIA) by American Civil Liberties Union Foundation, ACLU Foundation of Northern California. U.S. Department of Homeland Security served on 12/28/2022, answer due 1/27/2023; U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties served on 12/28/2022, answer due 1/27/2023; U.S. Department of Homeland Security Office of Inspector General served on 12/28/2022, answer due 1/27/2023. (Low, Elizabeth) (Filed on 1/3/2023) (Entered: 01/03/2023)
2023-01-0314CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ACLU Foundation of Northern California, American Civil Liberties Union Foundation.. (Ong, Andrew) (Filed on 1/3/2023) (Entered: 01/03/2023)
2023-01-2015STIPULATION to Extend Defendants' Deadline to Answer Complaint to February 27, 2023 filed by U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of Inspector General. (Helland, Kelsey) (Filed on 1/20/2023) (Entered: 01/20/2023)
2023-01-2316CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 2/6/2023 . Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms . Consent/Declination due by 2/6/2023. (mkl, COURT STAFF) (Filed on 1/23/2023) (Entered: 01/23/2023)
2023-01-2517CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of Inspector General.. (Helland, Kelsey) (Filed on 1/25/2023) (Entered: 01/25/2023)
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by FOIA Project Staff
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