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

Clearinghouse coding complete

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 devic…

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.

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)

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/...

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/...

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

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: Dec. 5, 2017

Closing Date: Sept. 18, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigrant rights' organization.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

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: None Yet / None

Source of Relief:

None yet

Issues

General:

Confidentiality

Racial profiling

Record-keeping

Records Disclosure

Search policies

Immigration/Border:

Admission - procedure

Constitutional rights

Deportation - procedure

Detention - procedures

ICE/DHS/INS raid

Status/Classification

Undocumented immigrants - rights and duties

Visas - procedures

Work authorization - procedures