Case: American Immigration Council v. U.S. Department of Homeland Security

1:14-cv-08403 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 21, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On October 21, 2014, the American Immigration Council, National Immigration Project of the National Lawyers Guild, and American Civil Liberties Union filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the U.S. Department of Homeland Security (“DHS”) under the Freedom of Information Act (“FOIA”). The plaintiffs, represented by private counsel, the National Immigration Law Center, the American Immigration Council, the National Immigration Pr…

On October 21, 2014, the American Immigration Council, National Immigration Project of the National Lawyers Guild, and American Civil Liberties Union filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the U.S. Department of Homeland Security (“DHS”) under the Freedom of Information Act (“FOIA”). The plaintiffs, represented by private counsel, the National Immigration Law Center, the American Immigration Council, the National Immigration Project/NLG and the ACLU Foundation Immigrants’ Rights Project sought injunctive and declaratory relief as well as reasonable attorney’s fees and costs. The plaintiffs claimed that the defendants failed to disclose documents regarding information and practices in an Artesia, New Mexico immigration detention center. Specifically, the defendants failed to disclose information concerning the expedited removal of families Artesia after 2014.

There had been growing concern about the policies, procedures and practices related to the implementation of the expedited removal process in Artesia, sparking major concern from the media and the public. The facility in Artesia held women and minor children who had fled Central America, seeking refuge in the United States. Many of these migrants fled persecution and extreme danger in their home countries, and sought asylum in the U.S. However, some of these families have since been deported back to the countries from which they had fled, raising concern about the removal process. The plaintiffs sought to examine the extent to which these women and children had valid claims of asylum and if these families were receiving the process required by law. In order to understand this process, the plaintiffs submitted FOIA requests to each of the defendants for any agency records that the defendants prepared, received, transmitted, collected or maintained that concerned the policies, procedures and guidelines with respect to the Immigration and Nationality Act as well as a request for expedited processing. However, none of the defendants had made any determination as to whether they would comply with the plaintiffs’ request for the documents. The defendants also denied the plaintiffs request for expedited processing, even though the plaintiffs claimed that these documents were necessary to educate the public about time critical government activities.

On February 3, 2015, Judge Lorna G. Schofield ordered that the parties submitted to the Court a proposed schedule for the production of documents responsive to the plaintiffs' request. On February 13, 2015, the parties agreed on the number of pages each defendant should produce and review per month, until all responsive documents were gathered.

The parties settled on June 6, 2017. The defendants agreed to pay different amounts of money to the Plaintiffs, as the following: (i) $16,800 should be paid by the US Immigration and Customs Enforcement; (ii) $21,600 should be paid by the US Citizenship and Immigration Services; and (iii) $9,600 should be paid by the Office for Civil Rights and Civil Liberties. The parties provided that the settlement agreement did not constitute an admission by the US or its agencies, including defendants, that plaintiffs or their counsels were entitled to fees and costs. The settlement agreement also provided that the Court should retain jurisdiction over any issue that may arise relating to it.

The case is now closed.

Summary Authors

Matt Ramirez (5/31/2016)

Daniele de Oliveira Nunes (10/12/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4354328/parties/american-immigration-council-v-united-states-department-of-homeland/


Judge(s)

Schofield, Lorna Gail (New York)

Attorneys(s) for Plaintiff

Crow, Melissa E. (District of Columbia)

Huerta, Alvaro M. (California)

Jadwat, Omar C. (New York)

Keaney, Melissa S. (California)

Newell, Jennifer Chang (California)

Price, Matthew E. (District of Columbia)

Realmuto, Trina (Massachusetts)

Ross, Michael W. (New York)

Tumlin, Karen C. (California)

Judge(s)

Schofield, Lorna Gail (New York)

Attorneys(s) for Plaintiff

Crow, Melissa E. (District of Columbia)

Huerta, Alvaro M. (California)

Jadwat, Omar C. (New York)

Keaney, Melissa S. (California)

Newell, Jennifer Chang (California)

Price, Matthew E. (District of Columbia)

Realmuto, Trina (Massachusetts)

Ross, Michael W. (New York)

Tumlin, Karen C. (California)

Werlin, Beth (District of Columbia)

Attorneys(s) for Defendant

Bergman, Jacob Max (New York)

Kim, Joon H. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

American Immigration Council v. United States Department of Homeland Security

U.S. District Court for the Eastern District of New York

June 6, 2017 Docket
1

COmplaint for Injunctive and Declaratory Relief

American Immigration Council v. United States Department of Homeland Security

Oct. 21, 2014 Complaint
71

Stipulation and Order of Settlement and Dismissal

American Immigration Council v. United States Department of Homeland Security

June 6, 2017 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4354328/american-immigration-council-v-united-states-department-of-homeland/

Last updated May 20, 2022, 4:20 a.m.

ECF Number Description Date Link
1

COMPLAINT against Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security. (Filing Fee $ 350.00, Receipt Number 1107581)Document filed by American Civil Liberties Union, National Immigration Project of the National Lawyers Guild, American Immigration Council.(laq) (moh). (Additional attachment(s) added on 10/27/2014: # 1 Complaint Part 2) (moh). (Entered: 10/23/2014)

1 Complaint Part 2

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Oct. 21, 2014 RECAP
2

CIVIL COVER SHEET filed. (laq) (moh). (Entered: 10/23/2014)

Oct. 21, 2014 PACER
3

NOTICE OF APPEARANCE by Michael W. Ross on behalf of American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Ross, Michael) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
4

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild.(Ross, Michael) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
5

AFFIDAVIT OF SERVICE of Summons and Complaint,. Office for Civil Rights and Civil Liberties served on 10/21/2014, answer due 11/12/2014; U.S. Customs and Border Protection served on 10/21/2014, answer due 11/12/2014; U.S. Immigration and Customs Enforcement served on 10/21/2014, answer due 11/12/2014; US Citizenship and Immigration Services served on 10/21/2014, answer due 11/12/2014; United States Department of Homeland Security served on 10/21/2014, answer due 11/12/2014. Service was made by Registered Mail. Document filed by American Civil Liberties Union; National Immigration Project of the National Lawyers Guild; American Immigration Council. (Ross, Michael) (Entered: 10/23/2014)

Oct. 23, 2014 RECAP
6

MOTION for Matthew E. Price to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10238399. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order)(Price, Matthew) (Entered: 10/23/2014)

1 Certificates of Good Standing

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2 Text of Proposed Order

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Oct. 23, 2014 PACER
7

NOTICE OF APPEARANCE by Trina A. Realmuto on behalf of American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Realmuto, Trina) (Entered: 10/24/2014)

Oct. 24, 2014 PACER
8

ORDER granting 6 Motion for Matthew E. Price to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 10/24/2014)

Oct. 24, 2014 PACER
9

NOTICE OF APPEARANCE by Matthew E. Price on behalf of American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Price, Matthew) (Entered: 10/24/2014)

Oct. 24, 2014 PACER
10

MOTION for Melissa Crow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10251843. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order)(Crow, Melissa) (Entered: 10/28/2014)

1 Certificates of Good Standing

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2 Text of Proposed Order

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Oct. 28, 2014 PACER
11

MOTION for Beth Werlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10251900. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Werlin, Beth) (Entered: 10/28/2014)

1 Certificate of Good Standing

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2 Text of Proposed Order

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Oct. 28, 2014 PACER
12

ORDER: Initial Conference set for 12/9/2014 at 10:40 AM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/28/2014) (kgo) (Entered: 10/28/2014)

Oct. 28, 2014 PACER
13

MOTION for Jennifer Chang Newell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10253276. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Newell, Jennifer) (Entered: 10/28/2014)

1 Certificate of Good Standing

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2 Text of Proposed Order

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Oct. 28, 2014 PACER
14

MOTION for Karen C. Tumlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10254804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Tumlin, Karen) (Entered: 10/29/2014)

1 Certificate of Good Standing

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2 Text of Proposed Order

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Oct. 29, 2014 PACER
15

MOTION for Alvaro M. Huerta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10255624. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Huerta, Alvaro) (Entered: 10/29/2014)

1 Certificate of Good Standing

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2 Text of Proposed Order

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Oct. 29, 2014 PACER
16

MOTION for Melissa S. Keaney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10262621. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Keaney, Melissa) (Entered: 10/30/2014)

1 Certificate of Good Standing

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2 Text of Proposed Order

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Oct. 30, 2014 PACER
17

AFFIDAVIT OF SERVICE of Court's Order, dated October 28, 2014, and the Individual Rules and Procedures for Civil Cases for the Honorable U.S. District Court Judge Lorna G. Schofield served on U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney General, United States Attorney's Office, Office of Civil Rights and Civil Liberties, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection on October 29, 2014. Service was made by Registered Mail. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild. (Ross, Michael) (Entered: 10/31/2014)

Oct. 31, 2014 PACER
18

NOTICE OF APPEARANCE by Jacob Max Bergman on behalf of Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security. (Bergman, Jacob) (Entered: 11/07/2014)

Nov. 7, 2014 PACER
19

ORDER granting 16 Motion for Melissa S. Keaney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
20

ORDER granting 10 Motion for Melissa Crow to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
21

ORDER granting 11 Motion for Beth Werlin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
22

ORDER granting 13 Motion for Jennifer Chang Newell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
23

ORDER granting 14 Motion for Karen C. Tumlin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
24

ORDER granting 15 Motion for Alvaro M. Huerta to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
25

LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated November 24, 2014. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 11/24/2014)

Nov. 24, 2014 PACER
26

ORDER granting 25 Letter Motion for Extension of Time: APPLICATION GRANTED. The deadline for Defendants' Answer is hereby extended to January 12, 2015. The initial pretrial conference scheduled for December 9, 2014, is hereby adjourned to January 20, 2015, at 10:50 a.m. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 11/25/2014)

Nov. 25, 2014 PACER
27

ANSWER to 1 Complaint,,. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 01/12/2015)

Jan. 12, 2015 PACER
28

SECOND LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated January 13, 2015. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
29

ORDER granting 28 Letter Motion to Adjourn Conference: APPLICATION GRANTED. The conference scheduled for January 20, 2015, at 10:50 a.m. is hereby adjourned to February 3, 2015, at 10:40 a.m. No further extensions will be granted absent exceptional circumstances. (Initial Conference set for 2/3/2015 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
30

JOINT LETTER addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated January 28, 2015 re: Initial Pretrial Conference. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 01/28/2015)

Jan. 28, 2015 RECAP
31

LETTER MOTION for Conference / to Appear by Telephone at the Initial Pretrial Conference Scheduled for February 3, 2015 at 10:40 a.m. addressed to Judge Lorna G. Schofield from Matthew E. Price dated January 28, 2015. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild.(Price, Matthew) (Entered: 01/28/2015)

Jan. 28, 2015 PACER
32

ORDER granting 31 Letter Motion for Conference: APPLICATION GRANTED. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 01/30/2015)

Jan. 30, 2015 PACER
33

ORDER: WHEREAS, a conference was held on February 3, 2015; for the reasons stated at the conference, it is hereby ORDERED that, no later than February 10, 2015, the parties shall submit to the Court a proposed schedule for the production of documents responsive to Plaintiffs' FOIA request; it is further ORDERED that the parties shall submit joint status letters on April 3, 2015, and May 29, 2015; it is further ORDERED that the parties shall appear for a status conference on June 2, 2015, at 10:30 a.m. Status Conference set for 6/2/2015 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/3/2015) (kgo) (Entered: 02/04/2015)

Feb. 3, 2015 PACER
34

STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to approval of the Court, as follows: 1. Beginning in February 2015, DHS shall review 500 pages per month and produce any responsive documents on the 25th day of each month until it has produced all responsive documents that it has gathered; 2. Beginning in February 2015, USCIS shall review 500 pages per month and produce any responsive documents on the 25th day of each month until it has produced all responsive documents that it has gathered; 3. Beginning in February 2015, CRCL shall review 500 pages per month and produce any responsive documents on the 25th day of each month until it has produced all responsive documents that it has gathered; 4. Beginning in February 2015, CBP shall review 500 pages per month and produce any responsive documents on the 25th day of each month until it has produced all responsive documents that it has gathered; 5. Beginning in February 2015, ICE shall produce 750 pages per month on the 25th day of each month until it has produced all responsive documents that it has gathered; 6. For exceptional cause shown, such as, but not limited to, force majeure, Defendants may petition the court for an extension of the deadlines set forth herein. Examples of exceptional cause include but are not limited to government shut-down or sequester causing the closure of Defendants' offices in Washington D.C. for more than three business days, a weather event of significant magnitude such that Defendants' offices in Washington D.C. are closed for more than three business days, or an act of terrorism or war that forces the closure of ICE's offices in Washington D.C. for more than three business days. Plaintiffs retain the right to oppose any such petition on any grounds. (Signed by Judge Lorna G. Schofield on 2/13/2015) (kgo) (Entered: 02/17/2015)

Feb. 13, 2015 PACER
35

LETTER addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated April 3, 2015 re: Status Report. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 04/03/2015)

April 3, 2015
36

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated May 28, 2015. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 05/28/2015)

May 28, 2015
37

ORDER granting 36 Letter Motion to Adjourn Conference:Application GRANTED. The conference scheduled for June 2, 2015, is hereby adjourned to August 11, 2015, at 10:40 a.m. The parties shall submit joint status letters on July 1, 2015, and August 3, 2015.−−−− (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 05/29/2015)

May 29, 2015
38

LETTER addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated July 1, 2015 re: Status Report. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 07/01/2015)

July 1, 2015
39

LETTER MOTION to Adjourn Conference and Provide a Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated August 3, 2015. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 08/03/2015)

Aug. 3, 2015
40

ORDER granting 39 Letter Motion to Adjourn Conference: Application GRANTED. The conference scheduled for August 11, 2015, is hereby adjourned to October 20, 2015, at 10:30 a.m. At least one week before the conference, the parties shall submit a joint status letter. (Status Conference set for 10/20/2015 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 08/05/2015)

Aug. 5, 2015
41

LETTER MOTION for Conference / to Appear by Telephone at the Status Conference Scheduled for October 20, 2015 at 10: 30 a.m. addressed to Judge Lorna G. Schofield from Matthew E. Price dated October 13, 2015. Document filed by American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild.(Price, Matthew) (Entered: 10/13/2015)

Oct. 13, 2015
42

LETTER addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated October 13, 2015 re: Status Report. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 10/13/2015)

Oct. 13, 2015
43

ORDER granting 41 Letter Motion for Conference. Application GRANTED. All counsel may appear by telephone. At the appointed time, telephone participants shall jointly call Chambers at (212) 805−0288. (Signed by Judge Lorna G. Schofield on 10/14/2015) (kgo) (Entered: 10/14/2015)

Oct. 14, 2015
44

MEMO ENDORSEMENT on re: 42 Letter, filed by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Office for Civil Rights and Civil Liberties, US Citizenship and Immigration Services, United States Department of Homeland Security. ENDORSEMENT: By October 16, 2015, at 12:00 p.m., the parties shall file a joint letter of the outstanding issues to be discussed at the status conference scheduled for October 20, 2015. If there are no outstanding issues, then the status conference will be adjourned. (Signed by Judge Lorna G. Schofield on 10/14/2015) (kgo) (Entered: 10/14/2015)

Oct. 14, 2015
45

LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated October 16, 2015. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 10/16/2015)

Oct. 16, 2015
46

ORDER granting 45 Letter Motion to Adjourn Conference. Application GRANTED. The status conference scheduled for October 20, 2015, is adjourned to January 12, 2016, at 10:30 a.m. The parties shall file a joint status letter by December 2, 2015, and another joint status letter by January 5, 2016. Any party seeking to bring a motion shall comply with Individual Rule III.A.1. Status Conference set for 1/12/2016 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/16/2015) (kgo) (Entered: 10/16/2015)

Oct. 16, 2015
47

LETTER addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated December 2, 2015 re: Status Report. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 12/02/2015)

Dec. 2, 2015
48

LETTER addressed to Judge Lorna G. Schofield from Beth Werlin dated 12/9/2015 re: Withdrawal of Counsel. Document filed by American Immigration Council.(Werlin, Beth) (Entered: 12/09/2015)

Dec. 9, 2015
49

MEMO ENDORSEMENT on re: 48 Letter filed by American Immigration Council. ENDORSEMENT: Application to withdraw is granted. The Clerk of the Court is directed to remove Berth Werlin as a counsel of record on the docket. Attorney Beth Werlin terminated. (Signed by Judge Lorna G. Schofield on 12/10/2015) (kgo) (Entered: 12/10/2015)

Dec. 10, 2015
50

LETTER MOTION to Adjourn Conference and Provide a Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated January 5, 2016. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 01/05/2016)

Jan. 5, 2016
52

LETTER addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated February 23, 2016 re: Status Report. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 02/23/2016)

Feb. 23, 2016
53

MEMO ENDORSEMENT on re: 52 Letter, filed by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Office for Civil Rights and Civil Liberties, US Citizenship and Immigration Services, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The conference scheduled for March 1, 2016, is hereby adjourned to April 26, 2016, at 10:30 a.m. The parties shall submit a joint status letter by April 19, 2016. ( Status Conference set for 4/26/2016 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 2/24/2016) (kgo) (Entered: 02/24/2016)

Feb. 24, 2016
54

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated April 19, 2016. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 04/19/2016)

April 19, 2016
55

ORDER granting 54 Letter Motion to Adjourn Conference. Application GRANTED. The Conference scheduled for April 26, 2016, is hereby adjourned to June 21, 2016, at 10:30 a.m. The parties shall submit a joint status letter by June 14, 2016. Status Conference set for 6/21/2016 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/20/2016) (kgo) (Entered: 04/20/2016)

April 20, 2016
56

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated June 14, 2016. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 06/14/2016)

June 14, 2016
57

ORDER granting 56 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for June 21, 2016, is adjourned to August 9, 2016, at 10:50 a.m. The parties shall file a joint status letter by August 2, 2016. Status Conference set for 8/9/2016 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/15/2016) (cf) (Entered: 06/15/2016)

June 15, 2016
58

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated August 2, 2016. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 08/02/2016)

Aug. 2, 2016
59

ORDER granting 58 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for August 9, 2016, is adjourned to November 1, 2016, at 10:40 a.m. The parties shall file a joint status letter by October 25, 2016. Status Conference set for 11/1/2016 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/3/2016) (cf) (Entered: 08/03/2016)

Aug. 3, 2016
60

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated October 24, 2016. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 10/24/2016)

Oct. 24, 2016
61

ORDER granting 60 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for November 1, 2016, is hereby adjourned to November 29, 2016, at 11:10 a.m. The parties shall file a file a joint status letter by November 22, 2016. Any request for adjournment shall comply with Individual Rule I.B.2, including stating the previous number of requests for adjournment and whether previous requests were granted or denied. Status Conference set for 11/29/2016 at 11:10 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/25/2016) (kgo) (Entered: 10/25/2016)

Oct. 25, 2016
62

ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for 11/29/2016 at 11:10 a.m., shall be adjourned to 11/29/2016 at 05:00 PM before Judge Lorna G. Schofield, due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling into chambers at (212) 805−0288. (Signed by Judge Lorna G. Schofield on 11/21/2016) (tro) (Entered: 11/21/2016)

Nov. 21, 2016
63

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated November 22, 2016. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 11/22/2016)

Nov. 22, 2016
64

ORDER granting 63 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for November 29, 2016, is adjourned to February 7, 2017, at 10:40 a.m. The parties shall file a joint status letter by January 31, 2017. Status Conference set for 2/7/2017 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/23/2016) (kgo) (Entered: 11/28/2016)

Nov. 23, 2016
65

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated January 31, 2017. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 01/31/2017)

Jan. 31, 2017
66

ORDER granting 65 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for February 7, 2017, is adjourned to April 11, 2017, at 10:20 a.m. The parties shall file a joint status letter by April 4, 2017. Status Conference set for 4/11/2017 at 10:20 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/1/2017) (kgo) (Entered: 02/01/2017)

Feb. 1, 2017
67

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated April 4, 2017. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 04/04/2017)

April 4, 2017
68

ORDER: granting 67 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for April 11, 2017, is adjourned to May 16, 2017, at 10:40 a.m. The parties shall file a joint status letter by May 9, 2017. Status Conference set for 5/16/2017 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/4/2017) (ap) (Entered: 04/05/2017)

April 4, 2017
69

LETTER MOTION to Adjourn Conference and Provide Status Report addressed to Judge Lorna G. Schofield from Jacob M. Bergman dated May 9, 2017. Document filed by Office for Civil Rights and Civil Liberties, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, US Citizenship and Immigration Services, United States Department of Homeland Security.(Bergman, Jacob) (Entered: 05/09/2017)

May 9, 2017
71

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: Pursuant to 5 U.S.C. § 552(a)(4)(E), promptly after the Court has endorsed and docketed this Stipulation and Order ICE shall pay to Plaintiffs the sum of $16,800, USCIS shall pay to Plaintiffs the sum of $21,600 and CRCL shall pay to Plaintiffs the sum of $9,600. Plaintiffs agree to accept the Settlement Amount in full satisfaction of any possible claim, demand or entitlement for attorney's fees and costs Plaintiffs have incurred or will incur in this action. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 6/6/2017) (kgo) (Entered: 06/06/2017)

June 6, 2017

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 21, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The American Immigration Council, the National Immigration Project of the National Lawyers Guild, and the American Civil Liberties Union on the behalf of women and minor children in a New Mexico detention center.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

National Immigration Law Center

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

Office for Civil Rights and Civil Liberties, Federal

U.S. Immigration and Customs Enforcement, Federal

U.S. Citizenship and Immigration Services, Federal

U.S. Customs and Border Protection, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 48,000

Content of Injunction:

Required disclosure

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Confinement/isolation

Placement in detention facilities

Discrimination-basis:

Immigration status

Affected Gender:

Female

Type of Facility:

Government-run

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Deportation - criteria

Deportation - procedure

Detention - conditions

Detention - criteria

Detention - procedures

Immigration lawyers

Refugees

National Origin/Ethnicity:

Hispanic