Civil Rights Litigation Clearinghouse

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

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

Filed Date: June 7, 2012

Closed Date: 2014

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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 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.

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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)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Crow, Melissa E. (District of Columbia)

Lederer, Caryn C (Illinois)

Piers, Matthew J. (Illinois)

Attorneys(s) for Defendant

Kirschner, Adam D. (District of Columbia)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Friedrich, Dabney Langhorne (District of Columbia)

Jackson, Ketanji Brown (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Crow, Melissa E. (District of Columbia)

Lederer, Caryn C (Illinois)

Piers, Matthew J. (Illinois)

Attorneys(s) for Defendant

Kirschner, Adam D. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	Sept. 16, 2014	Docket
1	Complaint for Declaratory and Injunctive Relief	June 7, 2012	Complaint
25	[Untitled]	Sept. 5, 2014	Pleading / Motion / Brief

Resources

Title	Description		External URL

Docket

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

Last updated May 20, 2022, 2:39 a.m.

ECF Number	Description	Date	Link
1	COMPLAINT against All Defendants (Filing Fee $ 350,receipt number 0090−2961728) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Crow, Melissa) (Additional attachment(s) added on 6/11/2012: # 12 Civil Cover Sheet) (jf, ). (Entered: 06/07/2012)	June 7, 2012
16	STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 03/07/2013)	March 7, 2013	PACER
	MINUTE ORDER. Upon consideration of 16 the parties' joint status report, in which the parties represent that defendant is in the process of producing responsive records and the parties are attempting to narrow the issues in dispute, and request that the Court refrain from entering a briefing schedule at this time, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than June 22, 2013. Signed by Judge Emmet G. Sullivan on March 11, 2013. (lcegs4)	March 11, 2013	PACER
2	NOTICE Civil Cover Sheet by AMERICAN IMMIGRATION COUNCIL (Crow, Melissa) (Entered: 06/08/2012)	June 8, 2012
	Set/Reset Deadlines: Status Report due by 6/22/2013. (mac)	March 11, 2013	PACER
	Case Assigned to Judge Emmet G. Sullivan. (ls, ) (Entered: 06/08/2012)	June 8, 2012
	Case directly reassigned to Judge Ketanji Brown Jackson. Judge Emmet G. Sullivan no longer assigned to the case. (gt, )	April 5, 2013	PACER
3	ELECTRONIC SUMMONS (3) Issued as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Consent Notices)(ls, ) (Entered: 06/08/2012)	June 8, 2012
4	Electronic Summons(1) Issued as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (ls, ) (Entered: 06/08/2012)	June 8, 2012
17	STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 06/21/2013)	June 21, 2013	PACER
	MINUTE ORDER. Upon consideration of 17 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than September 20, 2013. Signed by Judge Ketanji Brown Jackson on 06/24/2013. (lckbj2)	June 24, 2013	PACER
5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/13/2012. Answer due for ALL FEDERAL DEFENDANTS by 7/13/2012. (Crow, Melissa) (Entered: 06/13/2012)	June 13, 2012
6	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 07/11/2012)	July 11, 2012
18	STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Crow, Melissa) (Entered: 09/20/2013)	Sept. 20, 2013	PACER
	MINUTE ORDER. Upon consideration of the parties' representations in their 18 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than December 10, 2013. Signed by Judge Ketanji Brown Jackson on 10/2/2013. (lckbj1)	Oct. 2, 2013	PACER
	MINUTE ORDER granting 6 defendants' consent motion for an extension of time to respond to the complaint. Defendants shall respond to the complaint by no later than August 27, 2012. Signed by Judge Emmet G. Sullivan on July 13, 2012. (lcegs2) (Entered: 07/13/2012)	July 13, 2012
	Set/Reset Deadlines: Joint Status Report due by 12/10/2013 (gdf)	Oct. 2, 2013	PACER
7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General June 18, 2012. (Attachments: # 1 U.S. Postal Service on−line confirmation)(Crow, Melissa) (Entered: 07/16/2012)	July 16, 2012
8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 6/18/2012 (Attachments: # 1 U.S. Postal Service on−line confirmation)(Crow, Melissa) (Entered: 07/16/2012)	July 16, 2012
19	STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 12/10/2013)	Dec. 10, 2013	PACER
	MINUTE ORDER. Upon consideration of the parties' representations in their 19 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than February 20, 2014. Signed by Judge Ketanji Brown Jackson on 12/13/2013. (lckbj1)	Dec. 13, 2013	PACER
9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/18/2012 (Attachments: # 1 U.S. Postal Service on−line confirmation)(Crow, Melissa) (Entered: 07/16/2012)	July 16, 2012
10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Matthew J. Piers, :Firm− Hughes Socol Piers Resnick &Dym, Ltd., :Address− 70 West Madison Street, Ste 4000, Chicago, IL 60602. Phone No. − 312−580−0100. Fax No. − 312−580−1994 by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Matthew J. Piers, # 2 Proposed Order)(Crow, Melissa) (Entered: 07/16/2012)	July 16, 2012
20	STATUS REPORT, JOINT, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 02/20/2014)	Feb. 20, 2014	PACER
11	MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Caryn C. Lederer, :Firm− Hughes Socol Piers Resnick &Dym, Ltd., :Address− 70 West Madison Street, Suite 4000, Chicago, IL 60602. Phone No. − 312−580−0100. Fax No. − 312−580−1994 by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Caryn C. Lederer, # 2 Proposed Order)(Crow, Melissa) (Entered: 07/16/2012)	July 16, 2012
	MINUTE ORDER. Upon consideration of the parties' representations in their 20 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than March 20, 2014. Signed by Judge Ketanji Brown Jackson on 2/21/2014. (lckbj1)	Feb. 21, 2014	PACER
21	STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 03/20/2014)	March 20, 2014	PACER
	MINUTE ORDER granting 10 Motion for Pro Hac Vice Admission. Matthew J. Piers is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on July 17, 2012. (lcegs2) (Entered: 07/17/2012)	July 17, 2012
	MINUTE ORDER granting 11 Motion for Pro Hac Vice Admission. Caryn C. Lederer is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on July 17, 2012. (lcegs2) (Entered: 07/17/2012)	July 17, 2012
	MINUTE ORDER. Upon consideration of the parties' representations in their 21 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than April 21, 2014. Signed by Judge Ketanji Brown Jackson on 3/21/2014. (lckbj1)	March 21, 2014	PACER
	Set/Reset Deadlines: Joint Status Report due by 4/21/2014 (hs)	March 21, 2014	PACER
	Set/Reset Deadlines: Answer due by 8/27/2012, (clv, ) (Entered: 07/23/2012)	July 23, 2012
12	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 08/22/2012)	Aug. 22, 2012
22	STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 04/21/2014)	April 21, 2014	PACER
	MINUTE ORDER granting 12 defendants' consent motion for an extension of time to respond to the complaint. Defendants shall respond to the complaint by no later than September 26, 2012. Signed by Judge Emmet G. Sullivan on August 23, 2012. (lcegs6) (Entered: 08/23/2012)	Aug. 23, 2012
	MINUTE ORDER. Upon consideration of representations made in 21 the parties' Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than May 21, 2014. Signed by Judge Ketanji Brown Jackson on 4/23/2014. (lckbj1)	April 23, 2014	PACER
23	STATUS REPORT, JOINT, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 05/21/2014)	May 21, 2014	PACER
	Set/Reset Deadlines: Answer due by 9/26/2012, (clv, ) (Entered: 08/24/2012)	Aug. 24, 2012
13	Consent MOTION for Extension of Time to , MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 09/24/2012)	Sept. 24, 2012
	MINUTE ORDER. Upon consideration of representations made in 23 the parties' Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than July 30, 2014. Signed by Judge Ketanji Brown Jackson on 05/21/2014. (lckbj1)	May 21, 2014	PACER
	MINUTE ORDER granting 13 consent motion for extension of time for defendants to respond to the complaint. Defendants shall file their response to the complaint by no later than October 26, 2012. Signed by Judge Emmet G. Sullivan on September 25, 2012. (lcegs4) (Entered: 09/25/2012)	Sept. 25, 2012
	Case reassigned to Judge Tanya S. Chutkan. Judge Ketanji Brown Jackson no longer assigned to the case. (ztnr, )	June 19, 2014	PACER
	Set/Reset Deadlines: Answer due by 10/26/2012, (clv, ) (Entered: 09/25/2012)	Sept. 25, 2012
24	STATUS REPORT, Joint, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 07/30/2014)	July 30, 2014	PACER
14	ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Kirschner, Adam) (Entered: 10/26/2012)	Oct. 26, 2012
	MINUTE ORDER: In light of the status report filed by the parties, it is hereby ordered that the parties file a joint stipulation of dismissal or joint status report not later than September 5, 2014. Status Report due by 9/5/2014. Signed by Judge Tanya S. Chutkan on 8/4/14. (lctsc1)	Aug. 4, 2014	PACER
15	STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 01/24/2013)	Jan. 24, 2013
	Reset Deadlines: Status Report due by 9/5/2014 (tj )	Aug. 4, 2014	PACER
25	STIPULATION of Dismissal with Prejudice by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 09/05/2014)	Sept. 5, 2014	RECAP
	MINUTE ORDER. Upon consideration of 15 the parties' joint status report, in which the parties represent that defendant is in the process of producing responsive records and the parties are attempting to narrow the issues in dispute, and request that the Court refrain from entering briefing schedule at this time, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than March 8, 2013. Signed by Judge Emmet G. Sullivan on January 25, 2013. (lcegs4) (Entered: 01/25/2013)	Jan. 25, 2013
	Set/Reset Deadlines: Status Report due by 3/8/2013 (clv, ) (Entered: 01/28/2013)	Jan. 28, 2013
26	ORDER OF DIMISSAL: Action dismissed with prejudice by stipulation of the parties. Signed by Judge Tanya S. Chutkan on 9/16/14. (DJS) (Entered: 09/16/2014)	Sept. 16, 2014	PACER