Case: American Immigration Council v. U.S. Customs and Border Protection

American Immigration Council v. U.S. Customs and Border

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6412907) filed by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Civil Cover Sheet, # 20 Summons Attorney General, # 21 Summons Civil Process Clerk, # 22 Summons CBP, # 23 Summons DHS, # 24 Summons USCIS)(Valenzuela, Claudia) (Entered: 10/02/2019)

ENTERED IN ERROR.....MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Winger, :Firm- American Immigration Council, :Address- 1318 Beacon Street, Suite 18. Phone No. - (617) 505-5375. Filing fee $ 100, receipt number 0090-6413640. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER (Attachments: # 1 Exhibit Declaration of Emma Winger, # 2 Exhibit Proposed Order)(Winger, Emma) Modified on 10/7/2019 (zmc). (Entered: 10/02/2019)

ERRATA by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Valenzuela, Claudia) (Entered: 10/07/2019)

Notice of Corrected Docket Entry

NOTICE OF CORRECTED DOCKET ENTRY: re 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Winger, :Firm- American Immigration Council, :Address- 1318 Beacon Street, Suite 18. Phone No. - (617) 505-5375. Pleading was entered in error. Attorney cannot e-file their own Pro Hac motion. Counsel was instructed to refile said pleading. (zmc)

SUMMONS (5) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/08/2019)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Winger, :Firm- American Immigration Council, :Address- 1318 Beacon Street, Suite 18, Brookline, MA 02446. Phone No. - (617) 505-5375. Fee previously paid. Fee Status: No Fee Paid. by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Valenzuela, Claudia) (Entered: 10/08/2019)

Case Assigned/Reassigned

Order on Motion for Leave to Appear Pro Hac Vice

Case Assigned to Judge Rudolph Contreras. (zsb)

MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Emma Winger is admitted to represent Plaintiffs pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on October 8, 2019. (lcrc3)

NOTICE of Appearance by Emma Winger on behalf of AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER (Winger, Emma) (Entered: 10/09/2019)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Valenzuela, Claudia); Modified event and text on 10/10/2019 (ztth). (Entered: 10/10/2019)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests. (Valenzuela, Claudia) Modified event and text on 10/10/2019 (ztth). (Entered: 10/10/2019)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/11/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/10/2019. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Winger, Emma) (Entered: 10/29/2019)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 10/10/2019; U.S. CUSTOMS AND BORDER PROTECTION served on 10/10/2019; US CITIZENSHIP AND IMMIGRATION SERVICES served on 10/22/2019 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Winger, Emma) (Entered: 10/29/2019)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/11/2019. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Winger, Emma) (Entered: 10/29/2019)

NOTICE of Appearance by Paul A. Mussenden on behalf of All Defendants (Mussenden, Paul) (Entered: 11/12/2019)

ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES.(Mussenden, Paul) (Entered: 11/12/2019)

NOTICE of Appearance by Mary Kenney on behalf of All Plaintiffs (Kenney, Mary) (Entered: 11/12/2019)

.Order

MINUTE ORDER directing the parties to meet, confer, and jointly submit a proposed briefing schedule by November 26, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on November 12, 2019. (lcrc3)

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 11/26/2019)

.Order

MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before December 26, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 11/27/2019. (lcrc2)

Set/Reset Deadlines

Set/Reset Deadlines: Status Report due by 12/26/2020 (tj)

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 12/23/2019)

Set/Reset Deadlines

.Order

MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 7, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on December 23, 2019. (lcrc3)

Set/Reset Deadlines: Status Report due by 2/7/2020 (tj)

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 02/05/2020)

.Order

MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 12, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on February 5, 2020. (lcrc3)

Set/Reset Deadlines

Set/Reset Deadlines: Status Report due by 3/12/2020 (tj)

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Valenzuela, Claudia) (Entered: 03/12/2020)

.Order

MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report updating the Court on the status of Defendants' responses to Plaintiffs' FOIA requests on or before May 11, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on March 12, 2020. (lcrc3)

Set/Reset Deadlines

Set/Reset Deadlines: Status Report due by 5/11/2020 (tj)

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 05/11/2020)

Set/Reset Deadlines

.Order

MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 10, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 5/11/2020. (lcrc3)

Set/Reset Deadlines: Joint Status Report due by 7/10/2020. (zcal)

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Mussenden, Paul) (Entered: 07/10/2020)

MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before September 8, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 07/10/2020. (lcrc3)

Set/Reset Deadlines: Status Report due by 9/8/2020. (tj)

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Set/Reset Deadlines

NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Paul A. Mussenden (Carilli, Joseph) (Entered: 09/01/2020)

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Carilli, Joseph) (Entered: 09/08/2020)

MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before November 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/08/2020. (lcrc3)

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Set/Reset Deadlines: Joint Status Report due by 11/9/2020 (hs)

Set/Reset Deadlines

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Carilli, Joseph) (Entered: 11/09/2020)

MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before December 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/10/2020. (lcrc3)

Set/Reset Deadlines: Status Report due by 12/9/2020. (tj)

Set/Reset Deadlines

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Carilli, Joseph) (Entered: 12/09/2020)

MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall have a substantive meet and confer video conference, that includes the attorney for the Department of Homeland Security ("DHS"), the week of January 4, 2021, in an effort to exchange more information such that the parties can make informed decisions about how to narrow their disputes, thus, reducing the number of withholdings for which a Vaughn index must be prepared. It is FURTHER ORDERED that the parties, including the attorney for DHS, shall appear before the Court for a telephone conference on January 14, 2021 at 10:30 A.M. Specific call-in instructions will follow via email. SO ORDERED. Signed by Judge Rudolph Contreras on 12/11/2020. (lcrc3)

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Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 1/14/2021. Parties inform the court of the status of this action. Government counsel shall file as status report by 1/15/2021 detailing information on the rolling bond issue. (Court Reporter: Lisa Bankins.) (tj)

~Util - Set/Reset Deadlines AND Telephone Conference

STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, US CITIZENSHIP AND IMMIGRATION SERVICES. (Carilli, Joseph) (Entered: 01/15/2021)

MINUTE ORDER: Upon consideration of 24 the parties' joint status report and 25 Defendants' status report, it is hereby ORDERED that the following schedule shall govern proceedings: Defendants shall file their motion for summary judgment on or before May 18, 2021; Plaintiffs shall file their cross motion for summary judgment and their response to Defendants' motion on or before June 17, 2021; Defendants shall file their reply in support of their motion and their response to Plaintiffs' cross motion on or before July 19, 2021; and Plaintiffs shall file their reply in support of their motion on or before August 9, 2021. It is FURTHER ORDERED that Defendants shall make a rolling production of a Vaughn index with productions occurring on February 28, 2021, March 28, 2021, and April 28, 2021; each production should constitute approximately one third of the total Vaughn index. SO ORDERED. Signed by Judge Rudolph Contreras on 1/19/2021. (lcrc3)

Set/Reset Deadlines: Cross Motions due by 6/17/2021. Response to Cross Motions due by 7/19/2021. Reply to Cross Motions due by 8/9/2021. Summary Judgment motions due by 5/18/2021. Response to Motion for Summary Judgment due by 6/17/2021. Reply to Motion for Summary Judgment due by 7/19/2021. Vaughn Index due by 2/21/2021, (tj)

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Set/Reset Deadlines

Unopposed MOTION for Extension of Time to by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/24/2021)

MINUTE ORDER granting 26 Motion for Extension of Time. It is hereby ORDERED that Defendant Department of Homeland Security shall serve the second third of its Vaughn index response on or before April 19, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/25/2021. (lcrc3)

Order on Motion for Extension of Time to

Unopposed MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 05/18/2021)

MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Text of Proposed Order)(Carilli, Joseph) (Entered: 05/19/2021)

MINUTE ORDER granting 27 Defendants' Unopposed Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants shall file their motion for summary judgment on or before May 19, 2021; it is FURTHER ORDERED that Plaintiffs shall file their cross-motion for summary judgment and their response to Defendants' motion on or before June 18, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 5/19/2021. (lcrc3)

Set/Reset Deadlines: Cross Motions due by 6/18/2021. Response to Motion for Summary Judgment due by 6/18/2021. (tj)

Order on Motion to Modify

Set/Reset Deadlines

Cross MOTION for Summary Judgment by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Statement of Facts Response to Defendants, # 5 Declaration of Emma Winger, # 6 Declaration of Shalyn Fluharty)(Winger, Emma) (Entered: 06/18/2021)

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View on RECAP

Memorandum in opposition to re 28 MOTION for Summary Judgment filed by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Attachments: # 1 Statement of Facts, # 2 Statement of Facts Response to Defendants, # 3 Declaration of Emma Winger, # 4 Declaration of Shalyn Fluharty)(Winger, Emma) (Entered: 06/18/2021)

Consent MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/13/2021)

MINUTE ORDER granting 31 Defendants' Consent Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants shall file their reply in support of their motion and their response to Plaintiffs' cross motion on or before July 26, 2021; and Plaintiffs shall file their reply in support of their motion on or before August 16, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/13/2021. (lcrc3)

Order on Motion to Modify

Unopposed MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/26/2021)

Memorandum in opposition to re 29 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Carilli, Joseph) (Entered: 07/27/2021)

REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Carilli, Joseph) (Entered: 07/27/2021)

MINUTE ORDER granting 32 Defendants' Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendants shall file their reply in support of their motion and their response to Plaintiffs' cross motion on or before July 27, 2021; and Plaintiffs shall file their reply in support of their motion on or before August 17, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/27/2021. (lcrc3)

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

REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment filed by AMERICAN IMMIGRATION COUNCIL, TAHIRIH JUSTICE CENTER. (Winger, Emma) (Entered: 08/17/2021)

NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Joseph F. Carilli, Jr. (Hair, Christopher) (Entered: 12/01/2021)

ORDER granting in part and denying in part 28 Defendants' Motion for Summary Judgment and granting in part and denying in part 29 Plaintiffs' Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/11/2022. (lcrc3) (Entered: 03/11/2022)

MEMORANDUM OPINION granting in part and denying in part 28 Defendants' Motion for Summary Judgment and granting in part and denying in part 29 Plaintiffs' Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/11/2022. (lcrc3) (Entered: 03/11/2022)

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Hair, Christopher) (Entered: 03/25/2022)

MINUTE ORDER: Upon consideration of 39 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 25, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 4/11/2022. (lcrc3)

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Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Quinn, Thomas) (Entered: 04/25/2022)

NOTICE of Appearance by Thomas Anthony Quinn on behalf of All Defendants (Quinn, Thomas) (Entered: 04/26/2022)