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Case TitleCENTER FOR IMMIGRATION STUDIES v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01115
Date Filed2023-04-21
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffCENTER FOR IMMIGRATION STUDIES
Case DescriptionThe Center for Immigration Studies submitted a FOIA request to U.S. Customs and Border Protection for records concerning the total number of foreign nationals who have applied for humanitarian parole using the online CBP-One system since the program's inception in 2021. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2023-04-211COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 402 receipt number ADCDC-10017575) filed by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Summons for US Attorney, # 2 Summons for Defendant, # 3 Summons for Attorney General, # 4 Civil Cover Sheet)(Axelrod, Julie) (Entered: 04/21/2023)
2023-04-21Case Assigned to Judge Ana C. Reyes. (zrtw) (Entered: 04/21/2023)
2023-04-212SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 04/21/2023)
2023-04-213LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR IMMIGRATION STUDIES (Axelrod, Julie) (Entered: 04/21/2023)
2023-05-164RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2023. (Axelrod, Julie) (Entered: 05/16/2023)
2023-05-165RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/1/2023. (Axelrod, Julie) (Entered: 05/16/2023)
2023-05-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 4/27/2023 (Axelrod, Julie) (Entered: 05/16/2023)
2023-05-257NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 05/25/2023)
2023-05-258Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/25/2023)
2023-05-26MINUTE ORDER. Upon consideration of Defendant's 8 Consent Motion for Extension of Time to Respond, and for good cause shown and the entire record herein, it is hereby ORDERED that Defendant's Consent Motion is GRANTED, and Defendant shall respond to the Complaint in this action on or before June 30, 2023. Signed by Judge Ana C. Reyes on 5/26/2023. (lcjo) (Entered: 05/26/2023)
2023-05-29Set/Reset Deadlines/Hearings: Answer to complaint due by 6/30/2023. (zcdw) (Entered: 05/29/2023)
2023-06-299ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Curteman, Dedra) (Entered: 06/29/2023)
2023-06-30MINUTE ORDER. Plaintiff filed this Freedom of Information Act ("FOIA") action on April 21, 2023. Dkt 1. Defendant filed its Answer on June 29, 2023. Dkt. 9. Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, it is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report on or before July 13, 2023. The Joint Status Report should address, among other things: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Counsel shall not contact Chambers directly concerning scheduling or other matters, as Chambers personnel will not handle questions relating to the status or scheduling of pending matters, except in case of an emergency. In an emergency, Chambers can be reached at (202) 354-3350. Signed by Judge Ana C. Reyes on 6/30/2023. (lcjo) (Entered: 06/30/2023)
2023-07-05Set/Reset Deadlines/Hearings: Joint Status Report due by 7/13/2023. (zcdw) (Entered: 07/05/2023)
2023-07-1310Joint STATUS REPORT by CENTER FOR IMMIGRATION STUDIES. (Axelrod, Julie) (Entered: 07/13/2023)
2023-07-14MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that, on or before August 14, 2023, the parties shall file another joint status report apprising the Court as to the status of the ongoing search and Defendant's production efforts. Signed by Judge Ana C. Reyes on 7/14/2023. (lcjo) (Entered: 07/14/2023)
2023-07-16Set/Reset Deadlines/Hearings: Joint Status Report due by 8/14/2023. (zcdw) (Entered: 07/16/2023)
2023-07-1911NOTICE of Appearance by Colin M. Farnsworth on behalf of CENTER FOR IMMIGRATION STUDIES (Attachments: # 1 Notice of Appearance)(Farnsworth, Colin) (Entered: 07/19/2023)
2023-08-1412Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 08/14/2023)
2023-08-15MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that, on or before September 13, 2023, the parties shall file another joint status report. Signed by Judge Ana C. Reyes on 8/15/2023. (lcacr1) (Entered: 08/15/2023)
2023-08-16Set/Reset Deadlines/Hearings: Joint Status Report due by 9/13/2023. (zcdw) (Entered: 08/16/2023)
2023-09-1313Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 09/13/2023)
2023-09-14MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 17, 2023. Signed by Judge Ana C. Reyes on 9/14/2023. (lcacr1) (Entered: 09/14/2023)
2023-09-14Set/Reset Deadlines/Hearings: Joint Status Report due by 10/17/2023. (zcdw) (Entered: 09/14/2023)
2023-10-1714Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 10/17/2023)
2023-10-18MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 1, 2023. Signed by Judge Ana C. Reyes on 10/18/2023. (lcacr1) (Entered: 10/18/2023)
2023-10-19Set/Reset Deadlines/Hearings: Joint Status Report due by 11/1/2023. (zcdw) (Entered: 10/19/2023)
2023-11-0115Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 11/01/2023)
2023-11-02MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 22, 2023. Signed by Judge Ana C. Reyes on 11/2/2023. (lcacr1) (Entered: 11/02/2023)
2023-11-05Set/Reset Deadlines/Hearings: Joint Status Report due by 11/22/2023. (zcdw) (Entered: 11/05/2023)
2023-11-2116Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 11/21/2023)
2023-11-21MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 22, 2023. Signed by Judge Ana C. Reyes on 11/21/2023. (lcacr1) (Entered: 11/21/2023)
2023-12-04Set/Reset Deadlines/Hearings: Joint Status Report due by 12/22/2023. (zcdw) (Entered: 12/04/2023)
2023-12-2017Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 12/20/2023)
2024-01-2318Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit, # 2 Exhibit)(Curteman, Dedra) (Entered: 01/23/2024)
2024-01-24MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before February 26, 2024. It is further ORDERED that the parties must meet and confer in person prior to submitting the joint status report. If the parties cannot reach agreement on a remaining processing schedule, if one is necessary, by February 26, 2024, the Court will immediately schedule an in-person status conference, and the Government should be prepared to process the remaining documents on an expedited schedule set by the Court. If, at that status conference, the Court finds that either party is acting in bad faith or being patently unreasonable, it will enter a Show Cause Order on Sanctions. Signed by Judge Ana C. Reyes on 1/24/2024. (lcacr1) (Entered: 01/24/2024)
2024-01-25Set/Reset Deadlines/Hearings: Joint Status Report due by 2/26/2024. (zcdw) (Entered: 01/25/2024)
2024-02-2319NOTICE Request to Schedule a Pre-Motion Conference by CENTER FOR IMMIGRATION STUDIES (Farnsworth, Colin) (Entered: 02/23/2024)
2024-02-2620Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 02/26/2024)
2024-03-0121RESPONSE re 19 Notice (Other) filed by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 03/01/2024)
2024-03-01MINUTE ORDER directing the parties to contact the Courtroom Deputy, Chashawn White (Chashawn_White@dcd.uscourts.gov), to schedule a pre-motion conference on March 4, 5, or 6, 2024. SO ORDERED. Signed by Judge Ana C. Reyes on 3/1/2024. (lcacr1) (Entered: 03/01/2024)
2024-03-05NOTICE of Hearing: Pre-motion Conference set for 3/11/2024 at 4:00 PM via videoconference before Judge Ana C. Reyes. (zcdw) (Entered: 03/05/2024)
2024-03-07Set/Reset Deadlines/Hearings: Pre-motion Conference reset for 4:30 PM on 3/11/2024 via videoconference before Judge Ana C. Reyes. Please note the change in hearing start time. (zcdw) (Entered: 03/07/2024)
2024-03-0822MOTION for Mediation by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra). Added MOTION to Stay on 3/8/2024 (zdp). (Entered: 03/08/2024)
2024-03-11MINUTE ORDER granting Defendant's 22 Motion for Mediation. It is ORDERED that this matter is hereby REFERRED to the mediation program administered by the Circuit Executive's Office for an in-person mediation, in Washington, D.C., to occur on or before May 10, 2024. To the extent practicable, the mediator shall have experience in FOIA and/or immigration matters. It is further ORDERED that the parties shall file a joint status report on or before May 10, 2024, to update the Court on the outcome of their mediation with the Circuit Executive's Office. It is further ORDERED that this case is STAYED pending the outcome of the mediation. SO ORDERED. Signed by Judge Ana C. Reyes on 3/11/2024. (lcacr1) (Entered: 03/11/2024)
2024-03-11Minute Entry for proceedings held before Judge Ana C. Reyes: Pre-motion Conference held on 3/11/2024. (Court Reporter: Elizabeth Saint-Loth) (zcdw) (Entered: 03/11/2024)
2024-03-11Set/Reset Deadlines/Hearings: Joint Status Report due by 5/10/2024. Case Stayed. (zcdw) (Entered: 03/11/2024)
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