Case: Families for Freedom v. Chertoff

1:08-cv-04056 | U.S. District Court for the Southern District of New York

Filed Date: April 20, 2008

Closed Date: 2009

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Case Summary

On April 20, 2008, Families for Freedom and the National Immigration Project filed a lawsuit under the Administrative Procedures Act against the Department of Homeland Security in the U.S. District Court for the Southern District of New York. The plaintiffs complained that the defendants had failed to promulgate regulations governing facilities in which DHS detains immigrants, despite the fact that the plaintiffs had previously petitioned them to establish such regulations. Plaintiffs alleged that DHS' failure to respond to the petition violated § 706(1) of the Administrative Procedure Act (APA), requiring a reasoned and timely response to the petition and that the constructive denial of the petition was arbitrary, capricious, and an abuse of discretion under § 706(2) of the APA.

On June 25, 2009, the court (Judge Denny Chin) denied the defendant's motion to dismiss, holding that the plaintiffs properly stated a claim that DHS violated the APA. Further, the court found that the defendants' delay in responding to the petition was unreasonable. Because it held that the defendants had not yet responded to plaintiffs' petition within the meaning of the APA, the court dismissed plaintiffs' constructive denial claim as moot. The court ordered the agency to decide plaintiffs' petition within 30 days and closed the case.

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Summary Authors

Kristen Sagar (8/19/2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4342049/parties/families-for-freedom-v-chertoff/

Judge(s)

Chin, Denny (New York)

Attorney for Plaintiff

Wishnie, Michael J. (Connecticut)

Attorney for Defendant

Bober, David (New York)

Dassin, Lev L. (New York)

Expert/Monitor/Master/Other

Lute, Jane Holl (District of Columbia)

Judge(s)

Chin, Denny (New York)

Attorney for Plaintiff

Wishnie, Michael J. (Connecticut)

Attorney for Defendant

Bober, David (New York)

Dassin, Lev L. (New York)

Expert/Monitor/Master/Other

Lute, Jane Holl (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:08-cv-04056	Docket	Oct. 1, 2009	Oct. 1, 2009 Docket
1:08-cv-04056	[Letter - Petition to Initiate Rule Making] No Court	Jan. 24, 2007	Jan. 24, 2007 Correspondence
1 1:08-40567	Complaint	April 30, 2008	April 30, 2008 Complaint
1:08-40567	Press Release No Court	May 1, 2008	May 1, 2008 Press Release
29 1:08-cv-04056	Memorandum Decision	June 25, 2009	June 25, 2009 Order/Opinion 628 F.Supp.2d 535
1:08-cv-04056	[DHS Letter - Denial of Petition to Initiate Rule Making] No Court	July 24, 2009	July 24, 2009 Correspondence

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4342049/families-for-freedom-v-chertoff/

Last updated April 6, 2025, 2:37 p.m.

ECF Number	Description	Date	Link Date / Link
	SUMMONS ISSUED as to Michael Chertoff. (jfe) (Entered: 05/01/2008)	April 30, 2008	April 30, 2008
	Magistrate Judge Andrew J. Peck is so designated. (jfe) (Entered: 05/01/2008)	April 30, 2008	April 30, 2008
	Case Designated ECF. (jfe) (Entered: 05/01/2008)	April 30, 2008	April 30, 2008
1	COMPLAINT against Michael Chertoff. (Filing Fee $ 350.00, Receipt Number 649428)Document filed by Families for Freedom, National Immergration Project of the National Lawyers' Guild, Rafiu Abimbola, Camal Marchabeyoglu.(jfe) (Additional attachment(s) added on 6/6/2008: # (1) complaint pt 2) (mbe).	April 30, 2008	April 30, 2008 RECAP
2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Immergration Project of the National Lawyers' Guild.(jfe) (mbe).	April 30, 2008	April 30, 2008 RECAP
3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Families for Freedom.(jfe) (mbe).	April 30, 2008	April 30, 2008 RECAP
4	NOTICE OF APPEARANCE by David Vincent Bober on behalf of Michael Chertoff (Bober, David)	May 22, 2008	May 22, 2008 RECAP
5	CERTIFICATE OF SERVICE of Summons and Complaint,. Michael Chertoff served on 5/20/2008, answer due 7/21/2008. Service was accepted by A. Charles. Service was made by Mail. Document filed by Families for Freedom. (Attachments: # (1) Affidavit Service on Attorney General, # (2) Affidavit Service on Secretary of DHS, # (3) Affidavit Service on US Attorney)(Wishnie, Michael)	June 9, 2008	June 9, 2008 RECAP
6	NOTICE of Hearing: Pretrial Conference set for 8/26/2008 at 11:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge Denny Chin. (tve)	Aug. 11, 2008	Aug. 11, 2008 RECAP
7	ENDORSED LETTER addressed to Judge Denny Chin from Mike Wishnie dated 8/14/08 re: Request for an adjournment of the 8/26/08 pre-motion conference. ENDORSEMENT: Adjourned to 9/12/08 at 10:00 a.m. SO ORDERED. (Pre-Motion Conference set for 9/12/2008 at 10:00 AM before Judge Denny Chin.) (Signed by Judge Denny Chin on 8/14/08) (db)	Aug. 14, 2008	Aug. 14, 2008 RECAP
8	Endorsed Letter	Oct. 9, 2008	Oct. 9, 2008
9	Motion to Dismiss/Lack of Jurisdiction	Oct. 15, 2008	Oct. 15, 2008
10	Memorandum of Law in Support of Motion	Oct. 15, 2008	Oct. 15, 2008
11	Declaration in Support of Motion	Oct. 15, 2008	Oct. 15, 2008
12	Response in Opposition to Motion	Nov. 25, 2008	Nov. 25, 2008
13	Motion for Leave to File Excess Pages	Nov. 25, 2008	Nov. 25, 2008
14	Motion for Extension of Time to File Response/Reply	Nov. 25, 2008	Nov. 25, 2008
15	Endorsed Letter	Dec. 3, 2008	Dec. 3, 2008
16	Reply Memorandum of Law in Support of Motion	Dec. 10, 2008	Dec. 10, 2008
17	Memo Endorsement	Dec. 17, 2008	Dec. 17, 2008
18	Memo Endorsement	Dec. 17, 2008	Dec. 17, 2008
20	Transcript	Jan. 9, 2009	Jan. 9, 2009
19	Endorsed Letter	Jan. 20, 2009	Jan. 20, 2009
21	Rule 26(f) Discovery Plan Report	April 3, 2009	April 3, 2009
22	Notice of Appearance	May 15, 2009	May 15, 2009
23	Remark	May 15, 2009	May 15, 2009
24	Remark	May 15, 2009	May 15, 2009
25	Remark	May 15, 2009	May 15, 2009
26	Remark	May 15, 2009	May 15, 2009
27	Remark	May 15, 2009	May 15, 2009
28	Remark	May 15, 2009	May 15, 2009
	Transmission to Judgments and Orders Clerk. Transmitted re: 29 Order on Motion to Dismiss/Lack of Jurisdiction, to the Judgments and Orders Clerk. (tve) (Entered: 06/25/2009)	June 25, 2009	June 25, 2009
29	Order on Motion to Dismiss/Lack of Jurisdiction	June 25, 2009	June 25, 2009 RECAP
30	Clerk's Judgment	June 26, 2009	June 26, 2009
31	Order	June 26, 2009	June 26, 2009
	Set/Reset Deadlines: Motions due by 9/7/2009. (tve) (Entered: 08/21/2009)	Aug. 19, 2009	Aug. 19, 2009
32	Endorsed Letter	Aug. 19, 2009	Aug. 19, 2009
33	Endorsed Letter	Sept. 9, 2009	Sept. 9, 2009
34	Endorsed Letter	Sept. 9, 2009	Sept. 9, 2009
35	Endorsed Letter	Sept. 22, 2009	Sept. 22, 2009
36	Stipulation and Order	Oct. 1, 2009	Oct. 1, 2009 RECAP