Case: Center for Constitutional Rights v. United States Department of Defense

1:23-cv-07689 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 30, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 30, 2023, the Center for Constitutional Rights, represented by itself and Muslim Advocates, filed this lawsuit against the United States Department of Defense, United States Department of Homeland Security, and United States Department of State in the United States District Court for the Southern District of New York. In this lawsuit, the Center for Constitutional Rights sought public release of agency records from defendants under the Freedom of Information Act (“FOIA”), 5 U.S.C. §§ …

On August 30, 2023, the Center for Constitutional Rights, represented by itself and Muslim Advocates, filed this lawsuit against the United States Department of Defense, United States Department of Homeland Security, and United States Department of State in the United States District Court for the Southern District of New York. In this lawsuit, the Center for Constitutional Rights sought public release of agency records from defendants under the Freedom of Information Act (“FOIA”), 5 U.S.C. §§ 552 et seq. The case was assigned to Judge Naomi Reice Buchwald and designated to Magistrate Judge James L. Cott.

The plaintiff alleged that on March 31, 2023, pursuant to FOIA, it requested documents related to thousands of Afghan civilians who were evacuated by the United States in August 2021 when the U.S. withdrew from Afghanistan and the Taliban took over. The U.S. allegedly detained these civilians at processing sites in other countries while their applications to come to the U.S. were pending. The plaintiff had asked for documents indicating how many people were detained, their demographic information, policies that determined who was sent to these sites and when people could leave, and details about the locations and conditions at the sites. The plaintiff also asked for a fee waiver and expedited processing.

After not receiving information from defendants, the plaintiff filed this lawsuit alleging a FOIA violation. The plaintiff sought declaratory relief, an injunction to compel the defendants to immediately process its request and release the relevant records, and attorneys' fees.

The parties filed joint status reports on December 13, 2023 and again on February 16, 2024, indicating that the defendants had provided some of the records to the plaintiff and would keep working to resolve the dispute. As of March 2024, this case is ongoing, with the next status report expected by April 5, 2024.

Summary Authors

Kyle O'Hara (4/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67743296/parties/center-for-constitutional-rights-v-united-states-department-of-defense/


Attorney for Plaintiff

Azmy, Baher (New York)

Dixon, Jonathan Wells (New York)

Doost, Sadaf (New York)

Fakhimi, Golnaz (New York)

Godshall-Bennett, Christopher (New York)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

1:23-cv-07689

Complaint for Declaratory and Injunctive Relief

Aug. 30, 2023

Aug. 30, 2023

Complaint
22

1:23-cv-07689

Status Report

No Court

Dec. 13, 2023

Dec. 13, 2023

Notice of Investigation or Suit/Demand Letter

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67743296/center-for-constitutional-rights-v-united-states-department-of-defense/

Last updated Aug. 10, 2025, 12:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against United States Department of Defense, United States Department of Homeland Security, United States Department of State. (Filing Fee $ 402.00, Receipt Number ANYSDC-28214980)Document filed by Center for Constitutional Rights. (Attachments: # 1 Exhibit 1 - FOIA Request).(Azmy, Baher) (Entered: 08/30/2023)

1 Exhibit 1 - FOIA Request

View on PACER

Aug. 30, 2023

Aug. 30, 2023

Clearinghouse
2

CIVIL COVER SHEET filed..(Azmy, Baher) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF DEFENSE, re: 1 Complaint,. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF STATE, re: 1 Complaint,. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, re: 1 Complaint,. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER
6

Summons Issued

Aug. 31, 2023

Aug. 31, 2023

PACER
7

Summons Issued

Aug. 31, 2023

Aug. 31, 2023

PACER
8

Summons Issued

Aug. 31, 2023

Aug. 31, 2023

PACER

Case Opening Initial Assignment Notice

Aug. 31, 2023

Aug. 31, 2023

PACER
9

Appear Pro Hac Vice

Sept. 5, 2023

Sept. 5, 2023

PACER
10

Appear Pro Hac Vice

Sept. 5, 2023

Sept. 5, 2023

PACER
11

Affidavit of Service Complaints

Sept. 5, 2023

Sept. 5, 2023

PACER
12

Affidavit of Service Complaints

Sept. 5, 2023

Sept. 5, 2023

PACER
13

Affidavit of Service Complaints

Sept. 5, 2023

Sept. 5, 2023

PACER

Notice Regarding Pro Hac Vice Motion

Sept. 5, 2023

Sept. 5, 2023

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 5, 2023

Sept. 5, 2023

PACER
14

Appear Pro Hac Vice

Sept. 11, 2023

Sept. 11, 2023

PACER

Notice Regarding Pro Hac Vice Motion

Sept. 11, 2023

Sept. 11, 2023

PACER
15

Order on Motion to Appear Pro Hac Vice

Sept. 20, 2023

Sept. 20, 2023

PACER
16

Order on Motion to Appear Pro Hac Vice

Sept. 20, 2023

Sept. 20, 2023

PACER
17

Notice of Appearance

Sept. 20, 2023

Sept. 20, 2023

PACER
18

Extension of Time

Sept. 20, 2023

Sept. 20, 2023

PACER
19

Notice of Appearance

Sept. 21, 2023

Sept. 21, 2023

PACER
20

Order on Motion for Extension of Time

Sept. 21, 2023

Sept. 21, 2023

PACER
21

Answer to Complaint

Oct. 23, 2023

Oct. 23, 2023

PACER
22

STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

Clearinghouse
23

Memo Endorsement

Dec. 14, 2023

Dec. 14, 2023

RECAP
24

Extension of Time to File Document

Feb. 2, 2024

Feb. 2, 2024

PACER
25

ORDER granting 24 Letter Motion for Extension of Time to File. Application granted. (Signed by Judge Naomi Reice Buchwald on 2/5/2024) (rro)

Feb. 5, 2024

Feb. 5, 2024

RECAP
26

Notice of Appearance

Feb. 14, 2024

Feb. 14, 2024

PACER
27

STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 02/16/2024)

Feb. 16, 2024

Feb. 16, 2024

RECAP
28

STATUS REPORT. Document filed by Center for Constitutional Rights..(Doost, Sadaf) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
29

MEMO ENDORSEMENT on re: 28 Status Report filed by Center for Constitutional Rights. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/8/2024) (va) (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

PACER
30

STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
31

LETTER addressed to Judge Naomi Reice Buchwald from Sadaf Doost dated 05_16_24 re: Pre-motion Conference. Document filed by Center for Constitutional Rights..(Doost, Sadaf) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
32

LETTER addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated May 21, 2024 re: Opposition to Plaintiff's Pre-Motion Conference Letter, Dkt No. 31. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
33

ENDORSED LETTER addressed to Counsel from Naomi Reice Buchwald United States District Judge dated 6/13/2024 re: Center for Constitutional Rights v. U.S. Department of Defense. ENDORSEMENT: We are in receipt of plaintiffs pre-motion letter, dated May 16, 2024, and defendants responsive letter, dated May 21, 2024. ECF Nos. 31-32. At present, the Court is not inclined to grant plaintiffs request requiring defendants to produce or process a certain number of pages of responsive records per month. However, the Court directs the U.S. Attorneys Office to submit, on behalf of its client agencies, a scheduling proposal that sets forth a reasonably practicable rate of production of responsive documents.. (Signed by Judge Naomi Reice Buchwald on 6/13/2024) (ks) (Entered: 06/13/2024)

June 13, 2024

June 13, 2024

PACER
34

STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
35

ENDORSED LETTER addressed to Counsel from Naomi Reice Buchwald United States District Judge dated 6/25/24 re: Center for Constitutional Rights v. U.S. Department of Defense 23 Civ. 7689 (NRB). ENDORSEMENT: We are in receipt of the parties' joint status report submitted on June 24, 2024. ECF No. 34.The Court acknowledges that we did not appreciate the distinction between the terms "production"and "processing" in this specific context. We write to clarify that we intended to direct the U.S. Attorney's Office to submit a scheduling proposal that sets forth a reasonably practicable rate at which its client agencies will process, rather than produce, responsive documents. (Signed by Judge Naomi Reice Buchwald on 6/25/24) (yv) (Entered: 06/26/2024)

June 25, 2024

June 25, 2024

RECAP
36

JOINT LETTER MOTION for Extension of Time to file Joint Status Report addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated August 2, 2024. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 08/02/2024)

Aug. 2, 2024

Aug. 2, 2024

PACER
37

ORDER granting 36 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/5/24) (yv) (Entered: 08/05/2024)

Aug. 5, 2024

Aug. 5, 2024

PACER
38

STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 08/07/2024)

Aug. 7, 2024

Aug. 7, 2024

PACER
39

ENDORSED LETTER addressed to Christopher Godshall-Bennett, Jonathan Wells Dixon, Baher Azmy, Elizabeth J. Kimfrom United States District Judge Naomi Reice Buchwald dated 8/13/2024. ENDORSEMENT: Dear Counsel: The Court appreciates the parties joint status update dated August 7, 2024. For CENTCOM and the Department of States proposed schedule, given the length of time required to complete disclosure at the rate proposed by the Government, the Court requests further clarification in the parties next status update as to why the processing rate cannot be accelerated. Very truly yours. (Signed by Judge Naomi Reice Buchwald on 8/13/2024) (vfr) (Entered: 08/13/2024)

Aug. 13, 2024

Aug. 13, 2024

PACER

Notice of Redesignation to Magistrate Judge

Aug. 29, 2024

Aug. 29, 2024

PACER

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tg)

Aug. 29, 2024

Aug. 29, 2024

PACER
40

LETTER MOTION for Extension of Time to file joint status report addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated September 16, 2024. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

PACER
41

ORDER granting 40 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/17/24) (yv) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
42

STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
43

MEMO ENDORSEMENT on re: 42 Status Report filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security. ENDORSEMENT: We are in receipt of the parties' joint status report, dated September 26, 2024. ECF No. 42. The Court denies plaintiff's request requiring defendants to produce or process a minimum of 1,000 pages of responsive records per month. The Court endorses Defendants' proposal that sets forth reasonably practicable processing rates. The Court directs the parties to file their next joint status report by November 7, 2024. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/30/2024) (tg) (Entered: 10/01/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
44

STATUS REPORT. Document filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security..(Kim, Elizabeth) (Entered: 11/07/2024)

Nov. 7, 2024

Nov. 7, 2024

PACER
45

MEMO ENDORSEMENT on re: 44 Status Report filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security. ENDORSEMENT: Application granted. The Court directs the parties to file their next joint status report by December 12, 2024. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/8/24) (yv) (Entered: 11/08/2024)

Nov. 8, 2024

Nov. 8, 2024

PACER
46

LETTER MOTION for Extension of Time for the United States European Command to meet its so-ordered processing rate addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated December 4, 2024. Document filed by United States Department of Defense..(Kim, Elizabeth) (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

PACER
47

ORDER granting 46 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/5/2024) (ar) (Entered: 12/05/2024)

Dec. 5, 2024

Dec. 5, 2024

PACER
48

STATUS REPORT. Document filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security..(Kim, Elizabeth) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
49

MEMO ENDORSEMENT on re: 48 Status Report filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security ENDORSEMENT: Application granted. SO ORDERED (Signed by Judge Naomi Reice Buchwald on 12/12/2024) (ks) (Entered: 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

PACER
50

LETTER MOTION for Extension of Time for the United States European Command to meet its so-ordered processing rate addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated December 31, 2024. Document filed by United States Department of Defense..(Kim, Elizabeth) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

PACER
51

ORDER granting 50 Letter Motion for Extension of Time. Application granted. (Signed by Judge Naomi Reice Buchwald on 1/2/2025) (sgz) (Entered: 01/02/2025)

Jan. 2, 2025

Jan. 2, 2025

PACER
52

STATUS REPORT. Document filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security..(Kim, Elizabeth) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
53

MEMO ENDORSEMENT on re: 52 Status Report filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security. ENDORSEMENT: Application granted. The parties are directed to submit their next joint status report to the Court on February 6, 2025, and further joint status reports every 30 days thereafter, during this case's pendency. (Signed by Judge Naomi Reice Buchwald on 1/13/2025) (sgz) (Entered: 01/13/2025)

Jan. 13, 2025

Jan. 13, 2025

PACER
54

LETTER MOTION for Extension of Time of the parties' deadline to submit the joint status report addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated February 6, 2025. Document filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security..(Kim, Elizabeth) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

PACER
55

ORDER granting 54 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/7/2025) (tg) (Entered: 02/10/2025)

Feb. 7, 2025

Feb. 7, 2025

PACER
56

STATUS REPORT. Document filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security..(Kim, Elizabeth) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

PACER
57

STATUS REPORT. Document filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security..(Kim, Elizabeth) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

PACER
58

Status Report

March 31, 2025

March 31, 2025

PACER
59

Proposed Stipulation and Order

April 28, 2025

April 28, 2025

PACER
60

Stipulation and Order

May 2, 2025

May 2, 2025

PACER
61

Notice of Appearance

June 6, 2025

June 6, 2025

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 30, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Center for Constitutional Rights, a non-profit legal and advocacy organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Center for Constitutional Rights (CCR)

Muslim Advocates

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Defense (- United States (national) -), Federal

U.S. Department of Homeland Security (- United States (national) -), Federal

U.S. Department of State (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Records Disclosure