Civil Rights Litigation Clearinghouse

Case: National Immigration Project of the National Lawyers Guild v. U.S. Immigration and Customs Enforcement

1:17-cv-02596 | U.S. District Court for the District of Columbia

Filed Date: Dec. 5, 2017

Closed Date: Sept. 18, 2020

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Case Summary

On December 5, 2017, the National Immigration Project of the National Lawyers Guild (NIPNLG) brought this suit in the U.S. District Court for the District of Columbia. Represented by private counsel, the plaintiff sued U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA). The plaintiff, a nonprofit organization promoting immigrants' rights, sought information on the defendants' use of mobile biometric devices and applications in immigration applications and enforcement. The complaint alleged that on March 17, 2017, the plaintiff and another organization, Mijente, had submitted a FOIA request to the defendants. The requests sought records concerning ICE's use of mobile biometric devices and applications, and DHS's investigations of civil rights or civil liberties in the use of these devices and applications. The complaint further alleged that, to date, the plaintiff had not received a substantive response from the defendants. The plaintiff sought a disclosure order under FOIA, legal fees, and expedited action. The case was assigned to Judge Royce C. Lamberth.

The parties engaged in back-and-forth litigation over document production for the next year.

On May 17, 2019, the parties filed a joint motion to stay the case to allow them to narrow the issues requiring further litigation. Specifically, the plaintiff requested time to more thoroughly assess the draft Vaughn Index, the documents prepared by agencies opposing FOIA requests, that had been provided by the defendants. The index must describe each document that has been withheld and must explain the agency's justification for nondisclosure. The court granted the motion on May 20. The parties then attempted to work together informally for several months to narrow the issues and work out which documents needed to be produced.

On December 11, 2019, the plaintiff filed a status report asking the court to start setting the defendants' schedule for producing documents, as the defendants had continuously failed to meet self-imposed deadlines.

On January 13, 2020, the parties filed a joint status report indicating that the defendants had provided additional documents and that they intended to continue resolving issues informally and without the need for the court's involvement.

On March 4, 2020, the parties filed their most recent joint status report, noting that the plaintiff was in the process of assessing the defendants' revised production of documents to determine whether any issues remained to be addressed through dispositive motions or otherwise.

The parties filed a joint status report on May 4, 2020 stipulating that the plaintiffs had finished assessing the defendants' Vaughn index entries. The plaintiffs stated they would notify the defendants of certain redactions they intended to challenge and which specific index entries they would challenge.

On July 1, 2020, the parties again filed a joint status report indicating that the plaintiffs needed additional time to notify the defendants of which entries they would challenge, and the defendants needed time to review the plaintiffs' submissions.

On September 18, 2020, the parties filed a joint stipulation of dismissal. The Clearinghouse doesn't have any documents explaining why the case was dismissed. This case is now closed.

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Summary Authors

Ava Morgenstern (1/1/2018)

Sam Kulhanek (3/28/2020)

Devon Schmidt (10/22/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6236434/parties/national-immigration-project-of-the-national-lawyers-guild-v-us/

Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Alrabe, Khaled (Massachusetts)

Davis, Kayla Marie (District of Columbia)

Day, Jones (District of Columbia)

Early, Cormac A. (District of Columbia)

Marshall, C. Kevin (District of Columbia)

Attorneys(s) for Defendant

Caplen, Robert Aaron (District of Columbia)

Liu, Jessie K. (District of Columbia)

Nebeker, William Mark (District of Columbia)

Peterson, Benton G (District of Columbia)

Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Alrabe, Khaled (Massachusetts)

Davis, Kayla Marie (District of Columbia)

Day, Jones (District of Columbia)

Early, Cormac A. (District of Columbia)

Marshall, C. Kevin (District of Columbia)

Attorneys(s) for Defendant

Caplen, Robert Aaron (District of Columbia)

Liu, Jessie K. (District of Columbia)

Nebeker, William Mark (District of Columbia)

Peterson, Benton G (District of Columbia)

Shea, Timothy J (District of Columbia)

Sherwin, Michael R. (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	Sept. 18, 2020	Docket
1	Complaint for Declaratory and Injunctive Relief	Dec. 5, 2017	Complaint
34	Plaintiff's Status Report	Dec. 11, 2019	Pleading / Motion / Brief
36	Joint Status Report	Jan. 13, 2020	Pleading / Motion / Brief
39	Joint Status Report	March 4, 2020	Pleading / Motion / Brief
40	Joint Status Report	May 4, 2020	Pleading / Motion / Brief
41	Joint Status Report	June 30, 2020	Pleading / Motion / Brief

Resources

Title	Description		External URL
Unchecked DHS Fingerprinting Practice Moves Groups to Press for Transparency Mijente	Washington DC — Mijente and the National Immigration Project of the National Lawyers Guild (NIPNLG) filed a Freedom of Information Act (FOIA) request with the Department of Homeland Security (DHS) r…	March 29, 2017	https://mijente.net/2017/03/29/unchecked-dhs-fingerprinting-practice-moves-groups-press-transparency/
Lawsuit Filed to Force ICE and DHS to Release Information on the Use of Mobile Biometric Devices during Raids and Deportations National Immigration Project of the National Lawyers Guild	WASHINGTON, D.C. ‐ Yesterday, Mijente and the National Immigration Project of National Lawyers Guild (NIPNLG) filed a lawsuit demanding that U.S. Immigration and Customs Enforcement (ICE) and the U.S…	Dec. 6, 2017	https://www.nationalimmigrationproject.org/pr/2017_05Dec_nipnlg-v-icedhs-biometric.html

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6236434/national-immigration-project-of-the-national-lawyers-guild-v-us/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5233358) filed by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAG Summons, # 3 Summons ICE Summons, # 4 Summons DHS Summons, # 5 Summons DC USA Summons, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E)(Marshall, C.) (Entered: 12/05/2017) 1 Civil Cover Sheet View on RECAP 2 Summons USAG Summons View on RECAP 3 Summons ICE Summons View on RECAP 4 Summons DHS Summons View on RECAP 5 Summons DC USA Summons View on RECAP 6 Exhibit A View on RECAP 7 Exhibit B View on RECAP 8 Exhibit C View on RECAP 9 Exhibit D View on RECAP 10 Exhibit E View on RECAP	Dec. 5, 2017	RECAP
2	Corporate Disclosure Statement by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Marshall, C.) (Entered: 12/05/2017)	Dec. 5, 2017	PACER
	Case Assigned to Judge Royce C. Lamberth. (md)	Dec. 5, 2017	PACER
3	SUMMONS (4) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (md) (Entered: 12/07/2017)	Dec. 7, 2017	PACER
4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 12/11/2017; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 12/11/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/8/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/8/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 1/7/2018.) (Marshall, C.) Modified on 12/21/2017 to add service and answer dates (zrdj). (Entered: 12/20/2017)	Dec. 20, 2017	PACER
	NOTICE OF ERROR re 4 Summons Returned Executed as to Federal Defendant; emailed to ckmarshall@jonesday.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel is reminded to not select All Defendants, each parties must be selected so that service/answer date(s) will show. NO ACTION IS NEEDED (zrdj, )	Dec. 21, 2017	PACER
5	ANSWER to 1 Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Nebeker, William) Modified to add link on 1/9/2018 (znmw). (Entered: 01/08/2018)	Jan. 8, 2018	PACER
6	NOTICE of Appearance by Cormac A. Early on behalf of NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Early, Cormac) (Entered: 02/08/2018)	Feb. 8, 2018	PACER
7	ORDER directing the government to produce a Vaughn Index with a supporting motion to dismiss or motion for summary judgment by 6/21/2018. Signed by Judge Royce C. Lamberth on 5/17/18. (lsj) (Entered: 05/21/2018)	May 18, 2018	PACER
8	Joint MOTION for Extension of Time to File Motion for Summary Judgment, Joint MOTION for Briefing Schedule by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Nebeker, William) (Entered: 06/18/2018)	June 18, 2018	PACER
9	ORDER granting 8 Motion for Extension of Time to File, nunc pro tunc and granting 8 Motion for Briefing Schedule. Plaintiff to Notify Defendants about issues Plaintiff would Challenge due by 8/17/2018. Defendant's Motion for Summary Judgment due by 9/18/2018. Plaintiff's Opposition to Motion for Summary Judgment due by 10/29/2018. Defendant's Reply to Motion for Summary Judgment due by 11/19/2018. Signed by Judge Royce C. Lamberth on 8/7/18. (lsj) (Entered: 08/10/2018)	Aug. 8, 2018	PACER
10	MOTION for Extension of Time to File Motion For Summary Judgment by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/18/2018)	Sept. 18, 2018	PACER
11	Memorandum in opposition to re 10 MOTION for Extension of Time to File Motion For Summary Judgment filed by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Marshall, C.) (Entered: 10/02/2018)	Oct. 2, 2018	PACER
12	SCHEDULING ORDER. Summary Judgment motions due by 11/30/2018. Response to Motion for Summary Judgment due by 1/15/2019. Reply to Motion for Summary Judgment due by 2/12/2019. Signed by Judge Royce C. Lamberth on 10/17/18. (lsj) (Entered: 10/18/2018)	Oct. 18, 2018	PACER
13	Consent MOTION for Extension of Time to File FOIA Motion for Summary Judgment by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Nebeker, William) (Entered: 11/30/2018)	Nov. 30, 2018	PACER
14	ORDER granting 13 Motion for Extension of Time; Summary Judgment motions due by 1/15/2019. Response to Motion for Summary Judgment due by 3/4/2019. Reply to Motion for Summary Judgment due by 4/1/2019. Signed by Judge Royce C. Lamberth on 12/4/2018. (lcrcl2) (Entered: 12/04/2018)	Dec. 4, 2018	PACER
15	Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Early, Cormac) (Entered: 12/18/2018)	Dec. 18, 2018	RECAP
16	NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Peterson, Benton) (Entered: 12/19/2018)	Dec. 19, 2018	PACER
17	STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Early, Cormac) (Entered: 01/08/2019)	Jan. 8, 2019	RECAP
18	ORDER directing the Defendants to file appropriate Vaughn Index and other supporting Summary Judgment motions by 2/15/2019. Signed by Judge Royce C. Lamberth on 2/5/19. (lsj) (Entered: 02/06/2019)	Feb. 6, 2019	PACER
19	Unopposed MOTION for Extension of Time to File Dispositive Motion by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/13/2019)	Feb. 13, 2019	PACER
20	ORDER granting 19 Motion for Extension of Time to File; Set/Reset Deadlines: defendant's summary judgment motion due by 3/18/2019. Signed by Judge Royce C. Lamberth on 02/14/2019. (lcrcl3) (Entered: 02/14/2019)	Feb. 14, 2019	PACER
21	MOTION for Extension of Time to File Vaughn INdex and Dispositive Motion by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/17/2019)	March 17, 2019	PACER
22	ORDER granting 21 Motion for Extension of Time to File; Summary Judgment motions due by 5/20/2019. Signed by Judge Royce C. Lamberth on 4/9/2019. (lcrcl2) (Entered: 04/09/2019)	April 9, 2019	PACER
23	STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Marshall, C.) (Entered: 04/30/2019)	April 30, 2019	PACER
24	Joint MOTION to Stay by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/17/2019) 1 Text of Proposed Order View on PACER	May 17, 2019	PACER
25	ORDER granting 24 Motion to Stay. The parties are directed to file a joint status report on or before July 22, 2019. Signed by Judge Royce C. Lamberth on 05/20/2019. (lcrcl2) (Entered: 05/20/2019)	May 20, 2019	PACER
	Set/Reset Deadlines	May 21, 2019	PACER
	Set/Reset Deadlines: Joint Status Report due by 7/22/2019 (lsj)	May 21, 2019	PACER
26	Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Early, Cormac) (Entered: 07/22/2019)	July 22, 2019	PACER
	MINUTE ORDER: The parties shall file another joint status report no later than August 20, 2019. Signed by Judge Royce C. Lamberth on 07/23/2019. (lcrcl2)	July 23, 2019	PACER
	.Order	July 24, 2019	PACER
	Set/Reset Deadlines	July 24, 2019	PACER
	Set/Reset Deadlines: Joint Status Report due by 8/20/2019 (lsj)	July 24, 2019	PACER
27	Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 08/20/2019)	Aug. 20, 2019	PACER
	Status Report Order	Aug. 20, 2019	PACER
	MINUTE ORDER: Joint Status Report due by 9/20/2019. Signed by Judge Royce C. Lamberth on 08/20/2019. (lcrcl2)	Aug. 20, 2019	PACER
28	Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Marshall, C.) (Entered: 09/20/2019)	Sept. 20, 2019	PACER
	Status Report Order	Oct. 28, 2019	PACER
	MINUTE ORDER: Joint Status Report due by 11/20/2019. Signed by Judge Royce C. Lamberth on 10/28/2019. (lcrcl2)	Oct. 28, 2019	PACER
29	NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. Attorney Cormac A. Early terminated. (Attachments: # 1 Text of Proposed Order)(Marshall, C.) (Entered: 10/28/2019)	Oct. 28, 2019	PACER
30	NOTICE of Appearance- Pro Bono by Kayla Marie Davis on behalf of NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Davis, Kayla) (Entered: 10/29/2019)	Oct. 29, 2019	PACER
31	Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Davis, Kayla) (Entered: 11/20/2019)	Nov. 20, 2019	PACER
	Status Report Order	Nov. 21, 2019	PACER
	MINUTE ORDER: Joint Status Report due by 12/11/2019. Signed by Judge Royce C. Lamberth on 11/21/2019. (lcrcl2)	Nov. 21, 2019	PACER
32	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Khaled Alrabe, Filing fee $ 100, receipt number ADCDC-6586765. Fee Status: Fee Paid. by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Davis, Kayla) (Entered: 11/22/2019)	Nov. 22, 2019	PACER
33	ORDER granting 32 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for in structions. Signed by Judge Royce C. Lamberth on 11/25/2019. (lcrcl2) (Entered: 11/25/2019)	Nov. 25, 2019	PACER
34	STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Davis, Kayla) (Entered: 12/11/2019)	Dec. 11, 2019	RECAP
35	STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Nebeker, William) (Entered: 12/11/2019)	Dec. 11, 2019	RECAP
	.Order	Jan. 2, 2020	PACER
	MINUTE ORDER: The parties shall submit a proposed order for a further schedule herein by 01/11/2020, jointly if possible, separately if necessary. Signed by Judge Royce C. Lamberth on 01/02/2019. (lcrcl3)	Jan. 2, 2020	PACER
	Set/Reset Deadlines: Proposed Order due by 1/11/2020. (znbn)	Jan. 2, 2020	PACER
	Set/Reset Deadlines	Jan. 6, 2020	PACER
36	Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Davis, Kayla) (Entered: 01/13/2020)	Jan. 13, 2020	RECAP
	Status Report Order	Jan. 14, 2020	PACER
	MINUTE ORDER: Joint Status Report due by 3/4/2020. Signed by Judge Royce C. Lamberth on 01/14/2020. (lcrcl2)	Jan. 14, 2020	PACER
37	NOTICE of Appearance by Khaled Alrabe on behalf of NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Alrabe, Khaled) (Entered: 02/24/2020)	Feb. 24, 2020	PACER
38	NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of All Defendants Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 03/04/2020)	March 4, 2020	PACER
39	Joint STATUS REPORT by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Davis, Kayla) (Entered: 03/04/2020)	March 4, 2020	RECAP
	.Order	March 18, 2020	PACER
	MINUTE ORDER: Joint Status Report due by 5/4/2020. Signed by Judge Royce C. Lamberth on 3/18/2020. (lcrcl1)	March 18, 2020	PACER
	Set/Reset Deadlines	March 19, 2020	PACER
	Set/Reset Deadlines: Joint Status Report due by 5/4/2020 (lsj)	March 19, 2020	PACER
40	Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Caplen, Robert) (Entered: 05/04/2020)	May 4, 2020	RECAP
	Status Report Order	May 5, 2020	PACER
	MINUTE ORDER: Joint Status Report due by 6/30/2020. Signed by Judge Royce C. Lamberth on 05/05/2020. (lcrcl2)	May 5, 2020	PACER
41	Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Caplen, Robert) (Entered: 06/30/2020)	June 30, 2020	RECAP
	MINUTE ORDER Status Report due by 9/18/2020. Signed by Judge Royce C. Lamberth on 07/01/2020. (lcmb)	July 1, 2020	PACER
	Status Report Order	July 1, 2020	PACER
42	Joint Stipulation of Dismissal by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Davis, Kayla) (Entered: 09/18/2020)	Sept. 18, 2020	RECAP