Case: American Immigration Council v. U.S. Immigration and Customs Enforcement

1:18-cv-01614 | U.S. District Court for the District of Columbia

Filed Date: July 9, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 9, 2018 plaintiff, the American Immigration Council, filed this lawsuit in the United States District Court for the District of Columbia. The plaintiff sued U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). Represented by the American Immigration Council and Dorsey & Whitney, the plaintiff brought their claim under the Freedom of Information Act (FOIA). The plaintiff brought three claims under FOIA: Failure to Conduct an Adequate Search for Res…

On July 9, 2018 plaintiff, the American Immigration Council, filed this lawsuit in the United States District Court for the District of Columbia. The plaintiff sued U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). Represented by the American Immigration Council and Dorsey & Whitney, the plaintiff brought their claim under the Freedom of Information Act (FOIA). The plaintiff brought three claims under FOIA: Failure to Conduct an Adequate Search for Responsive Records, Failure to Disclose Responsive Records, and Failure to Grant Plaintiff's Public Interest Fee Waiver Request. The case was assigned to Judge Amy Berman Jackson.

The FOIA request sought specific identified data regarding (a) each individual who was

apprehended by CBP, (b) each individual who was encountered by ICE, (c) each individual who was arrested by ICE, (d) each individual who was arrested by CBP, and (e) each individual who was removed or returned from the United States between January 1, 2016 and October 10, 2017.

On July 16, 2018 plaintiff filed an amended complaint reasserting the claims from the July 9th complaint.

After several joint status reports, the defendants moved for summary judgment on March 29, 2019. The plaintiffs filed a cross-motion for summary judgment on April 26, 2019. Judge Berman Jackson issued an order on the motions for summary judgment on May 27, 2020, partially granting and denying both sides' motions. She granted the plaintiff's motion for summary judgment related to birthdates and identifying information on the spreadsheets ICE redacted in previous versions. She wrote that birthdates alone would not constitute a risk of identity theft, ICE's proffered reason for withholding the information. She granted the defendant's motion for summary judgment with regards to the location information of ICE stations, since this would tangentially provide information on staffing levels at various ICE posts across the country, a protected internal procedure under FOIA. As a result, ICE was instructed to resubmit documents with the identifying information provided. 2020 WL 2748515.

The case is ongoing.

Summary Authors

Anna Belkin (4/8/2018)

Ellen Aldin (6/8/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7386004/parties/american-immigration-council-v-us-immigration-and-custom-enforcement/


Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorneys(s) for Plaintiff

Creighton, Emily J. (District of Columbia)

Grant, Michelle S. (Minnesota)

Magid, Creighton R. (District of Columbia)

Realmuto, Trina (Massachusetts)

Attorneys(s) for Defendant

Cirino, Paul (District of Columbia)

Kolsky, Joshua (District of Columbia)

Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorneys(s) for Plaintiff

Creighton, Emily J. (District of Columbia)

Grant, Michelle S. (Minnesota)

Magid, Creighton R. (District of Columbia)

Realmuto, Trina (Massachusetts)

Attorneys(s) for Defendant

Cirino, Paul (District of Columbia)

Kolsky, Joshua (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

American Immigration Council v. U.S. Immigration and Custom Enforcement

May 27, 2020 Docket
1

Complaint

July 9, 2018 Complaint
4

Amended Complaint for Declaratory and Injunctive Relief

American Immigration Council v. U.S. Immigration and Custom Enforcement

July 16, 2018 Complaint
36

Memorandum Opinion

464 F.Supp.3d 228, 2020 WL 2748515

May 27, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7386004/american-immigration-council-v-us-immigration-and-custom-enforcement/

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

ECF Number Description Date Link
1

COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-5576653) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Atty General, # 3 Summons for CBP, # 4 Summons for ICE, # 5 Summons for US Atty DC, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E)(Magid, Creighton) (Attachment 1 replaced on 7/9/2018) (zjd). (Entered: 07/09/2018)

1 Civil Cover Sheet

View on PACER

2 Summons for Atty General

View on PACER

3 Summons for CBP

View on PACER

4 Summons for ICE

View on PACER

5 Summons for US Atty DC

View on PACER

6 Exhibit A

View on PACER

7 Exhibit B

View on PACER

8 Exhibit C

View on PACER

9 Exhibit D

View on PACER

10 Exhibit E

View on PACER

July 9, 2018 RECAP
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN IMMIGRATION COUNCIL (Magid, Creighton) (Entered: 07/09/2018)

July 9, 2018 PACER

Case Assigned to Judge Amy Berman Jackson. (zjd)

July 9, 2018 PACER
3

ENTERED IN ERROR.....SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) Modified on 7/10/2018 (zmd). (Entered: 07/09/2018)

July 9, 2018 PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 3 Summons Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney & U.S. Attorney General, was entered in error and counsel was instructed to refile said pleading because FOIA summons were not submitted. (zmd)

July 11, 2018 PACER
4

AMENDED COMPLAINT against All Defendants filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Magid, Creighton) (Entered: 07/16/2018)

July 16, 2018 PACER
5

REQUEST FOR SUMMONS TO ISSUE re 4 Amended Complaint, 1 Complaint, filed by AMERICAN IMMIGRATION COUNCIL. Related document: 4 Amended Complaint filed by AMERICAN IMMIGRATION COUNCIL, 1 Complaint, filed by AMERICAN IMMIGRATION COUNCIL.(Magid, Creighton) (Entered: 07/20/2018)

July 20, 2018 PACER
6

REQUEST FOR SUMMONS TO ISSUE re 4 Amended Complaint, 1 Complaint, filed by AMERICAN IMMIGRATION COUNCIL. Related document: 4 Amended Complaint filed by AMERICAN IMMIGRATION COUNCIL, 1 Complaint, filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Summons, # 2 Summons)(Magid, Creighton) (Entered: 07/20/2018)

July 20, 2018 PACER
7

REQUEST FOR SUMMONS TO ISSUE ICE and US DC Atty re 4 Amended Complaint, 1 Complaint, filed by AMERICAN IMMIGRATION COUNCIL. Related document: 4 Amended Complaint filed by AMERICAN IMMIGRATION COUNCIL, 1 Complaint, filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Summons)(Magid, Creighton) (Entered: 07/20/2018)

July 20, 2018 PACER
8

SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (jf) (Entered: 07/25/2018)

July 25, 2018 PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Trina Realmuto, :Firm- American Immigration Council, :Address- 100 Summer Street, 23rd Floor, Boston, MA 02110. Phone No. - 857-305-3600. Fax No. - 202-507-7516 Filing fee $ 100, receipt number 0090-5604831. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Trina Realmuto, # 2 Text of Proposed Order)(Magid, Creighton) (Entered: 07/25/2018)

July 25, 2018 PACER

MINUTE ORDER granting 9 Motion for Leave of Trina Realmuto to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 8/2/18. (DMK)

Aug. 2, 2018 PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/26/18. (Magid, Creighton) (Entered: 08/02/2018)

Aug. 2, 2018 PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorneya. Date of Service Upon United States Attorney 7/26/2018. Answer due for ALL D.C. DEFENDANTS by 8/16/2018. (Magid, Creighton) Modified on 8/3/2018 to edit text to reflect correct party served (zrdj). (Entered: 08/02/2018)

Aug. 2, 2018 PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 7/11/2018 (Magid, Creighton) (Entered: 08/02/2018)

Aug. 2, 2018 PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 7/11/2018 (Magid, Creighton) (Entered: 08/02/2018)

Aug. 2, 2018 PACER
14

NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Kolsky, Joshua) (Entered: 08/08/2018)

Aug. 8, 2018 PACER
15

Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/08/2018)

Aug. 8, 2018 PACER

MINUTE ORDER granting 15 Consent Motion for Extension of Time. Defendants must respond to plaintiff's amended complaint by August 16, 2018. Signed by Judge Amy Berman Jackson on 08/09/2018. (lcabj3)

Aug. 9, 2018 PACER
16

Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/16/2018)

Aug. 16, 2018 PACER

MINUTE ORDER granting 16 Motion for Extension of Time. Defendants shall respond to plaintiff's amended complaint by September 17, 2018. Signed by Judge Amy Berman Jackson on 08/17/2018. (lcabj3)

Aug. 17, 2018 PACER
17

ANSWER to 4 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Kolsky, Joshua) (Entered: 09/17/2018)

Sept. 17, 2018 PACER

MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of their production of documents to plaintiff, on or before October 16, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/18/2018. (lcabj3)

Sept. 18, 2018 PACER
18

STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Kolsky, Joshua) (Entered: 10/16/2018)

Oct. 16, 2018 PACER

MINUTE ORDER. The parties must submit a joint status report by November 15, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/17/2018. (lcabj3)

Oct. 17, 2018 PACER
19

Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Kolsky, Joshua) (Entered: 11/15/2018)

Nov. 15, 2018 PACER

MINUTE ORDER. The parties must submit an updated joint status report by December 6, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/16/2018. (lcabj3)

Nov. 16, 2018 PACER
20

Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Kolsky, Joshua) (Entered: 12/06/2018)

Dec. 6, 2018 PACER

MINUTE ORDER. The parties must submit an updated joint status report by January 7, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/10/2018. (lcabj3)

Dec. 10, 2018 PACER
21

NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of All Defendants Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/18/2018)

Dec. 18, 2018 PACER
22

NOTICE of Change of Address by Trina Ann Realmuto (Realmuto, Trina) (Entered: 12/21/2018)

Dec. 21, 2018 PACER
23

MOTION to Stay in Light of Lapse in Appropriations by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Cirino, Paul) (Entered: 01/04/2019)

Jan. 4, 2019 PACER

MINUTE ORDER granting 23 Motion to Stay. Defendants must notify the Court within two business days of the resumption of government operations and propose a revised schedule for filing the joint status report due on January 7, 2019 at that time. Signed by Judge Amy Berman Jackson on 1/7/19. (DMK)

Jan. 7, 2019 PACER
24

NOTICE of Restored Government Funding and Proposed Schedule by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Cirino, Paul) (Entered: 01/29/2019)

Jan. 29, 2019 PACER

MINUTE ORDER. In light of the government's notice 24, the stay in this case is lifted and the parties must submit a joint status report by February 11, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/30/2019. (lcabj3)

Jan. 30, 2019 PACER
25

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michelle S. Grant, :Firm- Dorsey & Whitney LLP, :Address- 50 South Sixth Street, Suite 1500, Minneapolis, MN 55402. Phone No. - 612-340-5671. Fax No. - 612-240-2868 Filing fee $ 100, receipt number 0090-5919354. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Michelle S. Grant, # 2 Text of Proposed Order)(Magid, Creighton) (Entered: 01/31/2019)

Jan. 31, 2019 PACER

MINUTE ORDER granting 25 Motion for Leave of Michelle S. Grant to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 1/31/19. (DMK)

Jan. 31, 2019 PACER
26

Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Cirino, Paul) (Entered: 02/11/2019)

Feb. 11, 2019 PACER

MINUTE ORDER. The Court will adopt the following briefing schedule proposed by the parties 26 : Defendants shall file their motion for summary judgment by March 29, 2019. Plaintiff's opposition and cross-motion, supported by the same memorandum of points and authorities, will be due April 26, 2019. Defendants' reply, combined with their cross-opposition, will be due May 17, 2019. Plaintiff's cross-reply, will be due May 31, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/12/2019. (lcabj3, )

Feb. 12, 2019 PACER
27

MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Declaration of Patricia J. de Castro, # 3 Declaration of Fernando Pineiro, # 4 Declaration of Patrick Howard, # 5 ICE Vaughn Index, # 6 CPB Vaughn Index, # 7 Statement of Facts, # 8 Text of Proposed Order)(Cirino, Paul) (Entered: 03/29/2019)

March 29, 2019 PACER
28

Cross MOTION for Summary Judgment by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Guillermo Cantor, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Declaration of Emily Ryo, # 7 Declaration of Michelle S. Grant, # 8 Exhibit A, # 9 Text of Proposed Order)(Grant, Michelle) (Entered: 04/26/2019)

April 26, 2019 PACER
29

Memorandum in opposition to re 27 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Plaintiff's Response to Statement of Undisputed Material Facts, # 2 Declaration of Guillermo Cantor, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Declaration of Emily Ryo, # 6 Declaration of Michelle S. Grant, # 7 Exhibit A, # 8 Text of Proposed Order)(Grant, Michelle) (Entered: 04/26/2019)

April 26, 2019 PACER
30

Joint MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment, 28 Cross MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 05/07/2019)

May 7, 2019 PACER

Set/Reset Deadlines

May 13, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply

May 13, 2019 PACER
31

Memorandum in opposition to motion

May 31, 2019 PACER
32

Reply to opposition to motion

May 31, 2019 PACER
33

Reply to opposition to motion

June 28, 2019 PACER
34

Notice of Appearance

April 27, 2020 PACER
35

Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment AND Set/Reset Deadlines

May 27, 2020 PACER
36

MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 5/27/2020. (lcabj3)

May 27, 2020 RECAP
37

Notice of Withdrawal of Appearance

June 29, 2020 PACER
38

Status Report

June 30, 2020 PACER

~Util - Set/Reset Deadlines AND .Order

July 14, 2020 PACER

.Order

Aug. 19, 2020 PACER

Set/Reset Deadlines

Aug. 19, 2020 PACER
40

Status Report

Sept. 28, 2020 PACER

~Util - Set/Reset Deadlines AND .Order

Sept. 30, 2020 PACER
41

Status Report

Nov. 9, 2020 PACER
42

Status Report

Nov. 23, 2020 PACER

~Util - Set/Reset Deadlines AND .Order

Nov. 24, 2020 PACER
43

Status Report

Jan. 22, 2021 PACER

~Util - Set/Reset Deadlines AND .Order

Jan. 25, 2021 PACER
44

Stipulation of Dismissal

Feb. 4, 2021 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 9, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The American Immigration Council, a 501(c)(3) nonprofit, is a powerful voice in promoting laws, policies, and attitudes that honor our proud history as a nation of immigrants. Through research and policy analysis, litigation and communications, and international exchange, the Council seeks to shape a twenty-first century vision of the American immigrant experience.

Plaintiff Type(s):

Non-profit NON-religious organization

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. Customs and Border Protection, Federal

U.S. Immigration and Customs Enforcement, 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: Mixed

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Records Disclosure

Type of Facility:

Government-run

Immigration/Border:

Border police

Immigration lawyers