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

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)

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)

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

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
16

STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 03/07/2013)

March 7, 2013 PACER
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
2

NOTICE Civil Cover Sheet by AMERICAN IMMIGRATION COUNCIL (Crow, Melissa) (Entered: 06/08/2012)

June 8, 2012

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

Case Assigned to Judge Emmet G. Sullivan. (ls, ) (Entered: 06/08/2012)

June 8, 2012

Set/Reset Deadlines: Status Report due by 6/22/2013. (mac)

March 11, 2013 PACER

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
18

STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Crow, Melissa) (Entered: 09/20/2013)

Sept. 20, 2013 PACER
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

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
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

Set/Reset Deadlines: Joint Status Report due by 12/10/2013 (gdf)

Oct. 2, 2013 PACER
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
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

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
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
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
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
22

STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 04/21/2014)

April 21, 2014 PACER
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

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

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

Set/Reset Deadlines: Answer due by 9/26/2012, (clv, ) (Entered: 08/24/2012)

Aug. 24, 2012
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

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
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

Case reassigned to Judge Tanya S. Chutkan. Judge Ketanji Brown Jackson no longer assigned to the case. (ztnr, )

June 19, 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

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

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
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

Reset Deadlines: Status Report due by 9/5/2014 (tj )

Aug. 4, 2014 PACER
15

STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 01/24/2013)

Jan. 24, 2013
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
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

Set/Reset Deadlines: Status Report due by 3/8/2013 (clv, ) (Entered: 01/28/2013)

Jan. 28, 2013

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

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:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Records Disclosure

Immigration/Border:

Deportation - procedure