Case: AILA v. Department of Homeland Security

1:10-cv-01224 | U.S. District Court for the District of Columbia

Filed Date: July 20, 2010

Closed Date: March 30, 2012

Clearinghouse coding complete

Case Summary

The American Immigration Lawyers Association (AILA) filed suit against the U.S. Department of Homeland Security (DHS) on July 20, 2010 in the U.S. District Court for the District of Columbia. AILA claimed that DHS had violated the Freedom of Information Act (5 U.S.C. §552) and the Administrative Procedure Act (5 U.S.C. §701-06) by failing to properly respond to a FOIA request. On February 6, 2009, AILA had submitted a FOIA request to DHS seeking the disclosure of the guidance it gives to agen…

The American Immigration Lawyers Association (AILA) filed suit against the U.S. Department of Homeland Security (DHS) on July 20, 2010 in the U.S. District Court for the District of Columbia. AILA claimed that DHS had violated the Freedom of Information Act (5 U.S.C. §552) and the Administrative Procedure Act (5 U.S.C. §701-06) by failing to properly respond to a FOIA request. On February 6, 2009, AILA had submitted a FOIA request to DHS seeking the disclosure of the guidance it gives to agencies when investigating fraud in H-1B visa applications. DHS denied the request, citing various administrative exemptions. After an AILA administrative appeal and second request on April 12, 2009, DHS released a limited number of redacted documents along with "Vaughn submissions," providing a description of the exempted information. After an unsuccessful appeal, AILA brought suit, seeking an order for DHS to conduct a reasonable search for relevant documents, an order to refrain from withholding information relevant to the FOIA request, and a declaration that the information is not exempted from FOIA.

On December 10, 2010, DHS moved for summary judgment, arguing that all segregable information had been released, along with adequate Vaughn submissions. On January 14, 2011, AILA filed a cross-motion for summary judgment, arguing that the Vaughn submissions were inadequate, and seeking full disclosure of documents. However, on February 24, 2011, DHS withdrew its motion for summary judgment, offering to conduct a further search for segregable documents.

On May 31, 2011, AILA moved again for summary judgment, arguing that DHS still had failed to adequately respond to their FOIA request. On June 27, 2011, DHS filed a cross-motion for summary judgment, again arguing that they had submitted all segregable information, along with proper Vaughn submissions.

On March 30, 2012, the District Court (Judge Emmit G. Sullivan) granted AILA's motion for summary judgment in part, and denied DHS's cross-motion for summary judgment. Judge Sullivan ordered DHS to provide Vaugh submissions that sufficiently describe the information to AILA, so that AILA can make a proper segregability determination.

This was the last action in the case.

Summary Authors

Dan Osher (5/28/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4975282/parties/american-immigration-lawyers-association-v-united-states-department-of/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Creighton, Emily J. (District of Columbia)

Kenney, Mary (District of Columbia)

Morad, Houda (District of Columbia)

Schill, Charles F (District of Columbia)

Watkins, Seth A (District of Columbia)

Attorneys(s) for Defendant

Banks, Eric N. (District of Columbia)

Borum, Marian L. (District of Columbia)

Contreras, Rudolph (District of Columbia)

Machen, Ronald C (District of Columbia)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Creighton, Emily J. (District of Columbia)

Kenney, Mary (District of Columbia)

Morad, Houda (District of Columbia)

Schill, Charles F (District of Columbia)

Watkins, Seth A (District of Columbia)

Attorneys(s) for Defendant

Banks, Eric N. (District of Columbia)

Borum, Marian L. (District of Columbia)

Contreras, Rudolph (District of Columbia)

Machen, Ronald C (District of Columbia)

Rybicki, David Cotter (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 16, 2013 Docket
1

Complaint for Declaratory and Injunctive Relief

July 20, 2010 Complaint
19

Consent Motion to Withdraw Defendants' Motion for Summary Judgment and to Stay Further Summary-Judgment Briefing

Feb. 24, 2011 Pleading / Motion / Brief
33

Order [Granting Plaintiffs' Motion for Summary Judgment in part and Denying Defendants' Cross Motion for Summary Judgment]

March 30, 2012 Order/Opinion
34

Memorandum Opinion [Granting in Part Plaintiffs' Motion for Summary Judgment and Denying Defendants' Cross Motion for Summary Judgment]

852 F.Supp.2d 66

March 30, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4975282/american-immigration-lawyers-association-v-united-states-department-of/

Last updated May 20, 2022, 2:40 a.m.

ECF Number Description Date Link
1

COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350, receipt number 4616031364) filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Civil Cover Sheet)(jf, ) (Entered: 07/20/2010)

July 20, 2010
34

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on March 30, 2012. (lcegs2)

March 30, 2012 RECAP

SUMMONS (4) Issued as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 07/20/2010)

July 20, 2010
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (jf, ) (Entered: 07/20/2010)

July 20, 2010
3

SUMMONS Returned Executed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 7/20/2010, answer due 8/19/2010; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 7/20/2010, answer due 8/19/2010. (Watkins, Seth) (Entered: 07/20/2010)

July 20, 2010
4

NOTICE of Appearance by David Cotter Rybicki on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Rybicki, David) (Entered: 07/27/2010)

July 27, 2010
5

NOTICE OF RELATED CASE by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. Case related to Case No. 10−00353. (Watkins, Seth) (Entered: 08/13/2010)

Aug. 13, 2010
6

Consent MOTION for Extension of Time to File Answer or Otherwise to Respond to the Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rybicki, David) (Entered: 08/17/2010)

Aug. 17, 2010

MINUTE ORDER granting 6 defendants' motion for an extension of time to answer or otherwise to respond to the complaint. Defendants shall answer or otherwise respond to 1 the complaint by no later than September 20, 2010. Plaintiff shall file its reply by no later than September 27, 2010. Signed by Judge Emmet G. Sullivan on August 20, 2010. (lcegs2) (Entered: 08/20/2010)

Aug. 20, 2010

Set/Reset Deadlines: Answer due by 9/20/2010, Replies due by 9/27/2010. (clv, ) (Entered: 08/20/2010)

Aug. 20, 2010
7

Consent MOTION for Extension of Time to File Answer or Otherwise to Respond to the Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rybicki, David) (Entered: 09/15/2010)

Sept. 15, 2010

MINUTE ORDER granting 7 the motion for an extension of time to answer or otherwise respond to 1 the complaint. The defendants shall answer or otherwise respond to the complaint by no later than October 4, 2010. Signed by Judge Emmet G. Sullivan on September 17, 2010. (lcegs2) (Entered: 09/17/2010)

Sept. 17, 2010

Set/Reset Deadlines: Answer due by 10/4/2010, (clv, ) (Entered: 09/21/2010)

Sept. 21, 2010
9

NOTICE JOINT PROPOSAL CONCERNING CASE MANAGEMENT by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Watkins, Seth) (Entered: 10/27/2010)

Oct. 27, 2010

MINUTE ORDER. Upon consideration of 9 the parties' joint proposal, the Court hereby ORDERS that defendants shall file their dispositive motion and produce all responsive records by no later than December 6, 2010. Plaintiff shall file an opposition to defendants' motion, and plaintiff's cross−motion, by no later than January 14, 2011. Defendants' opposition to plaintiff's cross−motion, as well as any reply in support of defendants' dispositive motion, shall be filed by no later than February 14, 2011. Plaintiff's reply in support of its cross−motion shall be filed by no later than March 14, 2011. Signed by Judge Emmet G. Sullivan on November 1, 2010. (lcegs2) (Entered: 11/01/2010)

Nov. 1, 2010

Set/Reset Deadlines: defendant's dispositive motion and all responsive records due by 12/6/10; plaintiff's opposition to defendants' motion, and plaintiff's cross−motion due by 1/14/11; defendant's opposition to plaintiff's cross−motion, and reply in support of defendants' dispositive motion due by 2/14/2011; Plaintiff's reply in support of its cross−motion due by 3/14/2011. (clv, ) (Entered: 11/02/2010)

Nov. 2, 2010
10

Consent MOTION for Extension of Time to Move for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rybicki, David) (Entered: 12/03/2010)

Dec. 3, 2010

MINUTE ORDER granting defendants' motion for an extension of time to file their dispositive motion. Defendants shall file their dispositive motion by no later than December 10, 2010. Signed by Judge Emmet G. Sullivan on December 8, 2010. (lcegs2) (Entered: 12/08/2010)

Dec. 8, 2010

Set/Reset Deadlines: Dispositive Motions due by 12/10/2010. (clv, ) (Entered: 12/09/2010)

Dec. 9, 2010
11

MOTION for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Exhibit Def.'s Exhs. A−X, # 5 Declaration of Jill A. Eggleston)(Rybicki, David) (Entered: 12/10/2010)

Dec. 10, 2010
12

Unopposed MOTION for Order to File Exhibits Under Seal by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Notice of Exhibits Under Seal, # 2 Text of Proposed Order)(Watkins, Seth) (Entered: 01/14/2011)

Jan. 14, 2011
13

Cross MOTION for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts of Plaintiff, # 4 Statement of Facts − Response to Defendants', # 5 Declaration of Seth A. Watkins, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18)(Watkins, Seth) (Additional attachment(s) added on 1/18/2011: # 21 Exhibit 7 (SEALED), # 22 Exhibit 8 (SEALED), # 23 Exhibit 15 (SEALED)) (jf, ). (Entered: 01/14/2011)

Jan. 14, 2011

MINUTE ORDER. Upon consideration of 12 the motion to file Exhibit 7, Exhibit 8, and Exhibit 15 to plaintiff's cross−motion for summary judgment under seal, the Court hereby ORDERS the parties to provide the Court with joint proposed redacted versions of the three exhibits in question. The parties shall submit a sealed filing with the Court including their joint proposed redactions by no later than January 31, 2011. In the event that the parties are unable to reach an agreement regarding the appropriate redactions, the parties shall jointly submit a sealed filing by that date that includes (1) one copy of the exhibits reflecting all agreed−upon redactions; and (2) two separate copies of the exhibits reflecting the additional redactions proposed by each side. The parties are cautioned, however, that given the strong presumption in favor of public access to judicial records, see, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."), that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Any party that abuses the redaction process may be sanctioned by the Court. Signed by Judge Emmet G. Sullivan on January 17, 2011. (lcegs2) (Entered: 01/17/2011)

Jan. 17, 2011
14

Memorandum in opposition to re 11 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Watkins, Seth) (Entered: 01/18/2011)

Jan. 18, 2011

Set/Reset Deadlines: Parties joint proposed redactions due by 1/31/2011. (clv, ) (Entered: 01/18/2011)

Jan. 18, 2011
15

NOTICE of Filing Joint Response Under Seal by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Watkins, Seth) (Entered: 01/31/2011)

Jan. 31, 2011
16

SEALED Joint Response to Minute Order on Motion to File Exhibits Under Seal filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 7, # 2 Exhibit 8, # 3 Exhibit 15 − various pages illegible )(zjf, ) Modified on 2/2/2011 (zjf, ). (Entered: 02/01/2011)

Jan. 31, 2011

MINUTE ORDER. Upon consideration of 16 the parties' joint response filed on January 31, 2011, the 12 motion to file exhibits under seal is hereby DENIED as moot. The plaintiff is directed to file unsealed copies of Exhibit 7, Exhibit 8, and Exhibit 15 to plaintiff's cross−motion for summary judgment. Signed by Judge Emmet G. Sullivan on February 3, 2011. (lcegs2) (Entered: 02/03/2011)

Feb. 3, 2011
17

Consent MOTION for Extension of Time to File Response/Reply &Opposition to Plaintiff's Cross−Motion for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rybicki, David) (Entered: 02/13/2011)

Feb. 13, 2011
18

NOTICE of Filing Unsealed Copies of Exhibits by AMERICAN IMMIGRATION LAWYERS ASSOCIATION re 13 Cross MOTION for Summary Judgment (Attachments: # 1 Exhibit 7, # 2 Exhibit 8, # 3 Exhibit 15)(Watkins, Seth) (Entered: 02/17/2011)

Feb. 17, 2011
19

Consent MOTION to Withdraw Defendants' 11 Motion for Summary Judgment &To Stay Further Summary−Judgment Briefing by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rybicki, David) Modified on 2/25/2011 to add docket link (jf, ). Added MOTION to Stay on 2/25/2011 (jf, ). (Entered: 02/24/2011)

Feb. 24, 2011

MINUTE ORDER granting 19 the consent motion to withdraw defendants' motion for summary judgment and to stay further summary−judgment briefing. It is FURTHER ORDERED that plaintiff's motion for summary judgment is DENIED without prejudice; and it is FURTHER ORDERED that defendants shall conclude their renewed search for documents, provide updated Vaughn indices and supporting declarations, and produce all responsive, non−exempt records by no later than March 28, 2011; and it is FURTHER ORDERED that plaintiff shall file its renewed motion for summary judgment by no later than April 18, 2011; and it is FURTHER ORDERED that defendants shall file their cross−motion for summary judgment and opposition to plaintiff's motion for summary judgment by no later than May 9, 2011; and it is FURTHER ORDERED plaintiff shall file a reply in support of its motion for summary judgment and its opposition to defendants' cross−motion for summary judgment by no later than May 30, 2011; and it is FURTHER ORDERED that defendants shall file a reply in support of its cross−motion for summary judgment by no later than June 20, 2011. Signed by

Feb. 25, 2011
20

Consent MOTION for Extension of Time to Complete Renewed Search for Documents by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rybicki, David) (Entered: 03/24/2011)

March 24, 2011

MINUTE ORDER granting 20 the consent motion for an extension of time. It is FURTHER ORDERED that defendants shall conclude their renewed search for documents, provide updated Vaughn indices and supporting declarations, and produce all responsive, non−exempt records by no later than April 27, 2011; and it is FURTHER ORDERED that plaintiff shall file its renewed motion for summary judgment by no later than May 18, 2011; and it is FURTHER ORDERED that defendants shall file their cross−motion for summary judgment and opposition to plaintiff's motion for summary judgment by no later than June 8, 2011; and it is FURTHER ORDERED plaintiff shall file a reply in support of its motion for summary judgment and its opposition to defendants' cross−motion for summary judgment by no later than June 29, 2011; and it is FURTHER ORDERED that defendants shall file a reply in support of its cross−motion for summary judgment by no later than July 11, 2011. Signed by Judge Emmet G. Sullivan on March 29, 2011. (lcegs2) (Entered: 03/29/2011)

March 29, 2011

Set/Reset Deadlines: defendant's updated Vaughn indices and supporting declarations, and produce all responsive, non−exempt records due by 4/27/11; Motions for summary judgment due by 5/18/11; cross motions and responses due by 6/8/11; reply and response due by 6/29/11; reply due by 7/11/11. (clv, ) (Entered: 03/30/2011)

March 30, 2011
21

Consent MOTION to Stay Further Proceedings in the Event of a Federal Government Shutdown by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rybicki, David) (Entered: 04/07/2011)

April 7, 2011
22

Consent MOTION for Extension of Time to Complete Renewed Search for Documents by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Jill Eggleston)(Rybicki, David) (Entered: 04/26/2011)

April 26, 2011

MINUTE ORDER granting 22 the consent motion for an extension of time. It is FURTHER ORDERED that defendants shall conclude their renewed search for documents, provide updated Vaughn indices and supporting declarations, and produce all responsive, non−exempt records by no later than May 9, 2011; and it is FURTHER ORDERED that plaintiff shall file its renewed motion for summary judgment by no later than May 30, 2011; and it is FURTHER ORDERED that defendants shall file their cross−motion for summary judgment and opposition to plaintiff's motion for summary judgment by no later than June 20, 2011; and it is FURTHER ORDERED plaintiff shall file a reply in support of its motion for summary judgment and its opposition to defendants' cross−motion for summary judgment by no later than July 11, 2011; and it is FURTHER ORDERED that defendants shall file a reply in support of its cross−motion for summary judgment by no later than July 21, 2011. Signed by Judge Emmet G. Sullivan on April 28, 2011. (lcegs2) (Entered: 04/28/2011)

April 28, 2011

Set/Reset Deadlines: Non−Exempt Records due by 5/9/11; Summary Judgment motions due by 5/30/2011; reply and Response to Motion for Summary Judgment due by 6/20/2011; Response and Reply to Motion for Summary Judgment due by 7/11/2011; reply due by 7/21/11. (clv, ) (Entered: 04/29/2011)

April 29, 2011
23

MOTION for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Declaration of Seth A. Watkins, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Statement of Facts Not in Dispute)(Watkins, Seth) (Entered: 05/31/2011)

May 31, 2011

MINUTE ORDER denying 21 the consent motion to stay further proceedings in the event of a federal government shutdown as moot. Signed by Judge Emmet G. Sullivan on June 7, 2011. (lcegs2) (Entered: 06/07/2011)

June 7, 2011
24

Consent MOTION for Extension of Time to Cross−Move for Summary Judgment &Oppose Pl.'s Motion for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rybicki, David) (Entered: 06/13/2011)

June 13, 2011

MINUTE ORDER granting 24 the consent motion for an extension of time. It is FURTHER ORDERED that defendants shall file their cross−motion for summary judgment and opposition to plaintiff's motion for summary judgment by no later than June 27, 2011; and it is FURTHER ORDERED plaintiff shall file a reply in support of its motion for summary judgment and its opposition to defendants' cross−motion for summary judgment by no later than July 18, 2011; and it is FURTHER ORDERED that defendants shall file a reply in support of its cross−motion for summary judgment by no later than July 28, 2011. Signed by Judge Emmet G. Sullivan on June 15, 2011. (lcegs2 ) (Entered: 06/15/2011)

June 15, 2011

Set/Reset Deadlines: Cross Motions and response due by 6/27/2011. Reply and Response to Cross Motions due by 7/18/2011. Reply to Cross Motions due by 7/28/2011. (Entered: 06/15/2011)

June 15, 2011
25

Cross MOTION for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Statement of Facts Defs.' Opposition to Pl.'s Statement of Facts, # 5 Declaration Substitute Decl. of Jill Eggleston w/ Exhs. A−Z)(Rybicki, David) Modified on 7/26/2011 to correct docket text (jf, ). (Entered: 06/27/2011)

June 27, 2011
26

Memorandum in opposition to re 23 MOTION for Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration Substitute Decl. of Jill Eggleston, # 2 Statement of Facts, # 3 Statement of Facts Defs.' Opposition to Plaintiff's Statement of Facts)(Rybicki, David) (Entered: 06/27/2011)

June 27, 2011

ORDER denying 17 Motion for Extension of Time to File Response/Reply as moot. Signed by Judge Emmet G. Sullivan on June 28, 2011. (lcegs2) (Entered: 06/28/2011)

June 28, 2011
27

Consent MOTION for Extension of Time to Reply in Support of Motion for Summary Judgment and Oppose Defendants Cross−Motion for Summary Judgment by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 07/14/2011)

July 13, 2011

MINUTE ORDER granting 27 the consent motion for an extension of time. Plaintiff shall file its opposition to 25 defendants' cross−motion and reply in support of 23 plaintiff's motion for summary judgment by no later than July 25, 2011. Defendants shall file a reply in support of their 25 cross−motion for summary judgment by no later than August 4, 2011. Signed by Judge Emmet G. Sullivan on July 18, 2011. (lcegs2 ) (Entered: 07/18/2011)

July 18, 2011

Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 7/25/11; Response to Cross Motions due by 7/25/2011. Reply to Cross Motions due by 8/4/2011. (clv, ) (Entered: 07/18/2011)

July 18, 2011
29

Memorandum in opposition to re 25 Cross MOTION for Summary Judgment filed by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (See Docket Entry 28 to view document) (jf, ) (Entered: 07/26/2011)

July 25, 2011
30

REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Rybicki, David) (Entered: 08/04/2011)

Aug. 4, 2011
31

NOTICE of Appearance by Houda Morad on behalf of AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Morad, Houda) (Entered: 08/09/2011)

Aug. 9, 2011
32

NOTICE OF SUBSTITUTION OF COUNSEL by Marian L. Borum on behalf of All Defendants Substituting for attorney David C. Rybicki (Borum, Marian) (Entered: 10/06/2011)

Oct. 6, 2011
33

ORDER granting in part and denying in part 23 plaintiff's motion for summary judgment and denying 25 defendants' cross−motion for summary judgment. Signed by Judge Emmet G. Sullivan on March 30, 2012. (lcegs2) (Entered: 03/30/2012)

March 30, 2012
35

Consent MOTION for Extension of Time to File Defendants' revised Vaughn by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Borum, Marian) (Entered: 04/24/2012)

April 24, 2012

MINUTE ORDER granting 35 defendants' consent motion for enlargement of time. Defendants shall file their revised Vaughn affidavits by no later than May 22, 2012. Signed by Judge Emmet G. Sullivan on April 25, 2012. (lcegs2) (Entered: 04/25/2012)

April 25, 2012

Set/Reset Deadlines: defendant's revised Vaughn affidavits due by 5/22/2012. (clv, ) (Entered: 04/25/2012)

April 25, 2012
36

NOTICE to the Court by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit)(Borum, Marian) (Entered: 05/22/2012)

May 22, 2012
37

Joint MOTION for Extension of Time to File a Joint Recommendation for Further Proceedings by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 05/31/2012)

May 31, 2012

MINUTE ORDER granting 37 joint motion for enlargement of time. The parties shall file their joint recommendation for further proceedings by no later than June 15, 2012. Signed by Judge Emmet G. Sullivan on June 2, 2012. (lcegs2) (Entered: 06/02/2012)

June 2, 2012

Set/Reset Deadlines: parties joint recommendation for further proceedings due by 6/15/2012. (clv, ) (Entered: 06/04/2012)

June 4, 2012

MINUTE ORDER granting 38 Joint Motion for Enlargement of Time. The parties shall file their joint recommendation for further proceedings by no later than July 15, 2012. Signed by Judge Emmet G. Sullivan on June 21, 2012. (lcegs2) (Entered: 06/21/2012)

June 21, 2012

Set/Reset Deadlines: parties joint recommendations for further proceedings due by 7/15/2012. (clv, ) (Entered: 06/21/2012)

June 21, 2012
39

Joint MOTION for Extension of Time to File a Joint Recommendation for Further Proceedings by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 07/16/2012)

July 16, 2012

MINUTE ORDER granting 39 joint motion for enlargement of time. The parties shall file a joint recommendation for further proceedings by no later than August 15, 2012. Signed by Judge Emmet G. Sullivan on July 17, 2012. (lcegs2) (Entered: 07/17/2012)

July 17, 2012

Set/Reset Deadlines: parties joint recommendations for further proceedings due by 8/15/2012. (tcb) (Entered: 07/17/2012)

July 17, 2012
40

Joint MOTION for Extension of Time to File a Joint Recommendation for Further Proceedings by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 08/15/2012)

Aug. 15, 2012

MINUTE ORDER granting 40 joint motion for an extension of time. The parties shall file a joint recommendation for further proceedings by no later than September 14, 2012. Signed by Judge Emmet G. Sullivan on August 17, 2012. (lcegs2) (Entered: 08/17/2012)

Aug. 17, 2012

Set/Reset Deadlines: Status Report due by 9/14/2012 (clv, ) (Entered: 08/21/2012)

Aug. 21, 2012
41

Joint MOTION for Briefing Schedule and JOINT RECOMMENDATION FOR FURTHER PROCEEDINGS by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 09/14/2012)

Sept. 14, 2012

MINUTE ORDER. In light of the 41 Joint Recommendation for Further Proceedings, in which the parties state that they have reached agreement with respect to all but four documents withheld from disclosure, identified as Documents 2, 6, 9 and 10, the court enters the following briefing schedule: Defendants shall file revised Vaughn affidavits with a brief of no more then 10 pages concerning Documents 2, 6, 9 and 10 justifying the sufficiency of the affidavits by no later than October 15, 2012, and plaintiff shall file a responsive brief of no more than 10 pages by no later than October 30, 2012. Signed by Judge Emmet G. Sullivan on September 18, 2012. (lcegs4) (Entered: 09/18/2012)

Sept. 18, 2012

Set/Reset Deadlines: Defendant's revised Vaughn affidavits with a briefdue by 10/15/2012. Plaintiff's Responses due by 10/30/2012 (clv, ) (Entered: 09/18/2012)

Sept. 18, 2012
42

Consent MOTION for Extension of Time to File Revised Vaughn Submissions and Supporting Brief by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Borum, Marian) (Entered: 10/15/2012)

Oct. 15, 2012

MINUTE ORDER granting 42 defendants' consent motion for extension of time. Defendants shall file revised Vaughn affidavits with a brief of no more than 10 pages concerning Documents 2, 6, 9 and 10 justifying the sufficiency of the affidavits by no later than November 14, 2012. Plaintiff shall file a responsive brief of no more than 10 pages by no later than November 29, 2012. Signed by Judge Emmet G. Sullivan on October 17, 2012. (lcegs4) (Entered: 10/17/2012)

Oct. 17, 2012

Set/Reset Deadlines: Revised Vaughn affidavits due by 11/14/2012. Responses due by 11/29/2012 (clv, ) (Entered: 10/17/2012)

Oct. 17, 2012
44

Joint MOTION for Extension of Time to File Plaintiffs Request for Attorneys Fees and Costs by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Morad, Houda) (Entered: 12/13/2012)

Dec. 13, 2012

MINUTE ORDER granting 44 Joint Motion for Enlargement of Time. AILA shall file its request for attorneys' fees and costs by no later than January 14, 2013. Signed by Judge Emmet G. Sullivan on December 18, 2012. (lcegs2) (Entered: 12/18/2012)

Dec. 18, 2012

Set/Reset Deadlines: AILA request for attorneys; fees and costs is due by 1/14/2013. (clv, ) (Entered: 12/18/2012)

Dec. 18, 2012
45

Joint MOTION for Extension of Time to File Plaintiff's Request for Attorneys Fees and Costs by AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 01/14/2013)

Jan. 14, 2013

MINUTE ORDER granting 45 joint motion for enlargement of time for plaintiff to file its request for attorney's fees and costs. Plaintiff shall file its request by no later than February 13, 2013. Signed by Judge Emmet G. Sullivan on January 15, 2013. (lcegs4) (Entered: 01/15/2013)

Jan. 15, 2013

Set/Reset Deadlines: Plaintiff's request for attorney's fees and costs due by 2/13/2013. (clv, ) (Entered: 01/16/2013)

Jan. 16, 2013

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 20, 2010

Closing Date: March 30, 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff AILA is a national association of over 11,000 attorneys and law professors who practice and teach immigration law.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Records Disclosure

Immigration/Border:

Visas - procedures