Filed Date: April 20, 2008
Closed Date: 2009
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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.
Summary Authors
Kristen Sagar (8/19/2009)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4342049/parties/families-for-freedom-v-chertoff/
Chin, Denny (New York)
Wishnie, Michael J. (Connecticut)
Bober, David (New York)
Dassin, Lev L. (New York)
Lute, Jane Holl (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4342049/families-for-freedom-v-chertoff/
Last updated Feb. 4, 2025, 9:24 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 20, 2008
Closing Date: 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Families for Freedom, the National Immigration Project of the National Lawyers Guild, and two individuals who had been held in detention facilities
Plaintiff Type(s):
Attorney Organizations:
Jerome N. Frank Legal Services Organization (Yale)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Homeland Security, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2009 - 0
Issues
General/Misc.:
Immigration/Border: