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Case TitleINTERNATIONAL REFUGEE ASSISTANCE PROJECT v. U.S. CUSTOMS & BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00304
Date Filed2023-02-02
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffINTERNATIONAL REFUGEE ASSISTANCE PROJECT
Case DescriptionInternational Refugee Assistance Project submitted a FOIA request to U.S. Customs and Boarder Protection for records concerning the Biden administration's decision to re-institute the Remain in Mexico program. IRAP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told IRAQ that its request for expedited processing was denied and its request for a fee waiver was not applicable. After hearing nothing further from the agency, IRAP filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantU.S. CUSTOMS & BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-021COMPLAINT against INTERNATIONAL REFUGEE ASSISTANCE PROJECT ( Filing fee $ 402 receipt number ADCDC-9834066) filed by U.S. CUSTOMS & BORDER PROTECTION. (Attachments: # 1 Exhibit Exhibits to Complaint, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Summons Summons for CBP, # 4 Summons Summons for US Attorney General, # 5 Summons Summons for US Attorney)(Stanley, Brooke) (Entered: 02/02/2023)
2023-02-022LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Stanley, Brooke) (Entered: 02/02/2023)
2023-02-03Case Assigned to Chief Judge Beryl A. Howell. (zrtw) (Entered: 02/03/2023)
2023-02-033SUMMONS (3) Issued Electronically as to U.S. CUSTOMS & BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 02/03/2023)
2023-02-084STANDING ORDER. Signed by Chief Judge Beryl A. Howell on February 8, 2023. (lcbah4) (Entered: 02/08/2023)
2023-05-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/11/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/11/2023. (Attachments: # 1 Exhibit A - Certified Mail Receipts)(Stanley, Brooke) (Entered: 05/02/2023)
2023-05-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/11/2023. (Attachments: # 1 Exhibit A - Certified Mail Receipts)(Stanley, Brooke) (Entered: 05/02/2023)
2023-05-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS & BORDER PROTECTION served on 4/10/2023 (Attachments: # 1 Exhibit A - Certified Mail Receipt and Delivery Confirmation)(Stanley, Brooke) (Entered: 05/02/2023)
2023-05-118ANSWER to Complaint by U.S. CUSTOMS & BORDER PROTECTION.(Tepe, Sean) (Entered: 05/11/2023)
2023-05-259Joint STATUS REPORT by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Attachments: # 1 Exhibit Proposed Order)(Stanley, Brooke) (Entered: 05/25/2023)
2023-05-30MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status report, the parties to submit, by August 25, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on May 30, 2023. (lcbah4) (Entered: 05/30/2023)
2023-05-31Set/Reset Deadlines: Joint Status Report due by 8/25/2023. (ztg) (Entered: 05/31/2023)
2023-08-2510Joint STATUS REPORT by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Stanley, Brooke) (Entered: 08/25/2023)
2023-08-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Status report, the parties to submit, by October 25, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on August 28, 2023. (lcbah4) (Entered: 08/28/2023)
2023-08-29Set/Reset Deadlines: Parties Joint Status Report due by 10/25/2023 (mac) (Entered: 08/29/2023)
2023-10-2511Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Tepe, Sean) (Entered: 10/25/2023)
2023-10-26MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 11 Joint Status Report, to file, by December 15, 2023, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on October 26, 2023. (lcbah4) (Entered: 10/26/2023)
2023-10-27Set/Reset Deadlines: Parties Joint Status Report due by 12/15/2023 (mac) (Entered: 10/27/2023)
2023-12-0412NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of U.S. CUSTOMS & BORDER PROTECTION Substituting for attorney Sean Tepe (Bartholomew, Tabitha) (Entered: 12/04/2023)
2023-12-1513Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 12/15/2023)
2023-12-24MINUTE ORDER (paperless), DIRECTING the parties to file, by February 2, 2024, a joint status report, advising the Court of the status of this matter and whether any disputes remain, and if so, proposing a schedule to govern further proceedings, having considered the parties' 13 Joint Status Report ("JSR"), in which plaintiff contends that defendant U.S. Customs and Border Protection ("CBP") had committed to completing the "processing... [and] produc[tion]" of all responsive records by December 31, 2023, id. ¶ 5, and "requests that the Court instruct CBP to complete processing and production of responsive records by a firm deadline of December 31, 2023," id. ¶ 7, even though in the parties' prior JSR, CBP had represented only that it would complete "its processing of all remaining potentially responsive records no later than December 31, 2023," see JSR ¶ 3 (Oct. 25, 2023) (emphasis supplied), and in the parties' most recent 13 JSR, CBP represents that it is "performing a quality control assessment of its search" and "will follow-up with the relevant offices" regarding "records that require consultation with other government offices," to "ensur[e] that all potentially responsive records are captured for review and release," id. ¶¶ 9-10. Signed by Judge Beryl A. Howell on December 24, 2023. (lcbah4) (Entered: 12/24/2023)
2023-12-26Set/Reset Deadlines: Joint Status Report due by 2/2/2024. (zalh) (Entered: 12/26/2023)
2024-02-0214Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 02/02/2024)
2024-02-06MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 14 Joint Status Report, to file, by April 5, 2024, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on February 6, 2024. (lcbah4) (Entered: 02/06/2024)
2024-02-06Set/Reset Deadlines: Joint Status Report due by 4/5/2024 (mac) (Entered: 02/06/2024)
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