Case: American Immigration Council v. United States Department of Homeland Security

1:12-cv-00932 | U.S. District Court for the District of District of Columbia

Filed Date: June 7, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On June 7, 2012, the American Immigration Council (AIC), a pro-immigration non-profit organization, filed this lawsuit in the U.S. District Court for the District of Columbia. The AIC sued the U.S. Customs and Border Patrol (CBP). On September 9, 2011, AIC had filed a Freedom of Information Act (FOIA, 5 U.SC. §1552) request with CBP to disclose all materials "prepared, received, transmitted, collected, and/or maintained" regarding their "voluntary return program," in which non-citizens can vol…

On June 7, 2012, the American Immigration Council (AIC), a pro-immigration non-profit organization, filed this lawsuit in the U.S. District Court for the District of Columbia. The AIC sued the U.S. Customs and Border Patrol (CBP). On September 9, 2011, AIC had filed a Freedom of Information Act (FOIA, 5 U.SC. §1552) request with CBP to disclose all materials "prepared, received, transmitted, collected, and/or maintained" regarding their "voluntary return program," in which non-citizens can voluntarily return to their native country instead of being deported by CBP. AIC alleged that CBP had failed to inform prospective participants of the consequences of participation in the program, and even compelled individuals to participate. In response to the FOIA request, CBP had disclosed two documents, totaling four pages. Citing previous FOIA disclosures and publicly released documents that show additional available documents that CBP had failed to disclose, AIC sought a declaration that CBP violated FOIA and an order that CBP and any of its departments conduct a reasonable search for records of the voluntary return program.

Beginning on August 10, 2012, CBP began to and continued to provided the AIC with additional documents to supplement the original FOIA request. On April 21, 2014, the AIC agreed not to produce any further challenges and the parties entered into negotiations regarding attorneys' fees. The parties informed the Court (Judge Tanya S. Chutkan) on September 5, 2014, that they had reached a settlement, and the Court filed an Order of Dismissal to dismiss the action with prejudice. This case is now closed.

Summary Authors

Dan Osher (5/27/2013)

Allison Hight (11/6/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13042715/parties/american-immigration-council-v-united-states-department-of-homeland/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Friedrich, Dabney Langhorne (District of Columbia)

Jackson, Ketanji Brown (District of Columbia)

Attorney for Plaintiff

Crow, Melissa E. (District of Columbia)

Attorney for Defendant

Kirschner, Adam D. (District of Columbia)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:12-cv-00932

Docket [PACER]

Sept. 16, 2014

Sept. 16, 2014

Docket
1

1:12-cv-00932

Complaint for Declaratory and Injunctive Relief

June 7, 2012

June 7, 2012

Complaint
25

1:12-cv-00932

Stipulation of Dismissal with Prejudice

Sept. 5, 2014

Sept. 5, 2014

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13042715/american-immigration-council-v-united-states-department-of-homeland/

Last updated Dec. 18, 2024, 5:41 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 7, 2012

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Immigration Council is a pro-immigration non-profit organization, here seeking disclosure of DHS documents.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Customs and Border Patrol, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Records Disclosure

Immigration/Border:

Deportation - procedure