Case: National Council of La Raza v. Gonzales

1:03-cv-06324 | U.S. District Court for the Eastern District of New York

Filed Date: Dec. 17, 2003

Clearinghouse coding complete

Case Summary

On December 17, 2003, a coalition of immigration rights advocacy groups, which included the National Council of La Raza (NCLR), New York Immigration Coalition (NYIC), American-Arab Anti-Discrimination Committee (ADC), Latin American Workers Project (LAWP), and UNITE, filed suit against several federal agencies (FBI, DOJ, ICE, Homeland Security) in the U.S. District Court for the Eastern District of New York, seeking to halt the government practice of entering and disseminating civil immigration…

On December 17, 2003, a coalition of immigration rights advocacy groups, which included the National Council of La Raza (NCLR), New York Immigration Coalition (NYIC), American-Arab Anti-Discrimination Committee (ADC), Latin American Workers Project (LAWP), and UNITE, filed suit against several federal agencies (FBI, DOJ, ICE, Homeland Security) in the U.S. District Court for the Eastern District of New York, seeking to halt the government practice of entering and disseminating civil immigration information to state and local enforcement officials through the National Crime Information Center (NCIC) database. Plaintiffs contended that the federal government had been entering information into the NCIC about outstanding immigration warrants or orders of deportation, exclusion or removal ("absconders") and alleged violations of the National Security Entry-Exit Registration System ("NSEERS violators"). Plaintiffs further contended that because Congress had generally preempted state and local law enforcement officials from enforcing immigration law, defendants were causing state and local officials to make unconstitutional arrests based on the information entered.

The federal agencies moved to dismiss the case for lack of jurisdiction and failure to state a claim. The District Court (Senior Judge I. Leo Glasser) granted the agencies' motion and dismissed the case for lack of standing. Judge Glasser held that "speculation that some unauthorized party at some point in the future might access immigration violators file in NCIC database in violation of alleged privacy right of members of advocacy organizations was not actual or imminent and concrete and particularized injury necessary for advocacy organization to have standing." National Council of La Raza v. Gonzales, 468 F.Supp.2d 429, 436 (E.D.N.Y. 2007). Plaintiffs appealed.

The U.S. Court of Appeals, Second Circuit, (Judges Straub, Raggi, Sessions) affirmed the dismissal on July 3, 2008. There was no opinion issued.

Summary Authors

Elizabeth Daligga (7/6/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5469265/parties/national-council-of-la-raza-v-ashcroft/


Judge(s)

Glasser, Israel Leo (New York)

Reyes, Ramon E. Jr. (New York)

Attorneys(s) for Plaintiff

Bali, Asli U. (New York)

Boccuzzi, Carmine Daniel (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Gelernt, Lee (New York)

Guttentag, Lucas (New York)

Jadwat, Omar C. (New York)

Kalhan, Anil (New York)

Judge(s)

Glasser, Israel Leo (New York)

Reyes, Ramon E. Jr. (New York)

Attorneys(s) for Plaintiff

Bali, Asli U. (New York)

Boccuzzi, Carmine Daniel (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Gelernt, Lee (New York)

Guttentag, Lucas (New York)

Jadwat, Omar C. (New York)

Kalhan, Anil (New York)

Kane, Sheilah (New York)

Markowitz, Peter (New York)

Peters-Quintero, Mayra (New York)

Santillo, Kristen (New York)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Amanat, F. Franklin (New York)

Letter, Douglas (District of Columbia)

Mauskopf, Roslynn Renee (New York)

Yelin, Lewis S. (District of Columbia)

Other Attorney(s)

Azmy, Baher (New York)

Tumlin, Karen C. (California)

Documents in the Clearinghouse

Document

07-00816

Appellate Docket (PACER)

U. S. Court of Appeals for the Second Circuit

March 2, 2007

March 2, 2007

Docket

1:03-cv-06324

Docket (PACER)

National Council of La Raza v. Ashcroft

June 22, 2007

June 22, 2007

Docket
1

1:03-cv-06324

Complaint

Dec. 17, 2003

Dec. 17, 2003

Complaint

1:03-cv-06324

Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss

National Council of La Raza v. Ashcroft

April 26, 2004

April 26, 2004

Pleading / Motion / Brief
7

1:03-cv-06324

Memorandum of Law in Support of Defendants' Motion to Dismiss the Complaint For Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief May be Granted

National Council of La Raza v. Ashcroft

April 26, 2004

April 26, 2004

Pleading / Motion / Brief

1:03-cv-06324

Brief of Amici Curiae National Latino Officers' Association and National Black Police Association in Support of Plaintiffs

National Council of La Raza v. Ashcroft

June 18, 2004

June 18, 2004

Pleading / Motion / Brief
22

1:03-cv-06324

Reply Memorandum of Law in Further Support of Defendants' Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief May Be Granted

National Council of La Raza v. Ashcroft

July 22, 2004

July 22, 2004

Pleading / Motion / Brief
40

1:03-cv-06324

Opinion

Jan. 5, 2007

Jan. 5, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5469265/national-council-of-la-raza-v-ashcroft/

Last updated Aug. 24, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Summons Issued against John Ashcroft, Bureau of Immigration and Customs Enforcement, Department of Justice, Federal Bureau of Investigation, Michael Garcia, Robert Mueller, Tom Ridge, United States Department of Homeland Security filing fee $ 150, receipt number 287278, filed by American-Arab Anti-Discrimination Committee, Latin American Workers Project, National Council of La Raza, New York Immigration Coalition, Unite. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

2

SUMMONS Returned Executed by National Council of La Raza. John Ashcroft ; Bureau of Immigration and Customs Enforcement ; Department of Justice ; Federal Bureau of Investigation ; Michael Garcia ; Robert Mueller ; Tom Ridge ; United States Department of Homeland Security served on 12/19/2003, answer due 1/8/2004. (Rodriguez, Angela) (Entered: 02/02/2004)

Dec. 29, 2003

Dec. 29, 2003

3

Letter from F. Franklin Amanat, Assistant United States Attorney, to Judge Glasser Regarding government's request for extension of time until April 19, 2004, to answer or otherwise move with respect to the complaint,. (Amanat, F.) (Entered: 02/25/2004)

Feb. 25, 2004

Feb. 25, 2004

4

Letter from Anil Kalhan to Judge Glasser Regarding And In Response To Government Counsel's Letter Of February 27, 2004, Dated March 1, 2004. (Boccuzzi, Carmine) (Entered: 03/01/2004)

March 1, 2004

March 1, 2004

5

ORDER endorsed on hard copy of doc. #3. Request for extension of time to 4/19/04 to answer is granted. Signed by Judge I. Leo Glasser on 3/1/04. (Rodriguez, Angela) (Entered: 03/02/2004)

March 1, 2004

March 1, 2004

6

Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, by John Ashcroft, Bureau of Immigration and Customs Enforcement, Department of Justice, Federal Bureau of Investigation, Michael Garcia, Robert Mueller, Tom Ridge, United States Department of Homeland Security. (Amanat, F.) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

7

MEMORANDUM in Support re 6 Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, by John Ashcroft, Bureau of Immigration and Customs Enforcement, Department of Justice, Federal Bureau of Investigation, Michael Garcia, Robert Mueller, Tom Ridge, United States Department of Homeland Security. (Amanat, F.) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

8

Minute Entry for proceedings held before I. Leo Glasser : for a Civil Conference held on 5/11/2004. The defendant has made a motion to dismiss, but there are no papers in opposition. Scheduling is discussed. Plaintiff to respond to motion by 6/11/04; Defendant to respond by 7/2/04. Hearing on motion to be held on 7/19/04 at 10:00 a.m. (Sica, Michele) (Entered: 05/19/2004)

May 11, 2004

May 11, 2004

9

NOTICE of Change of Address by Carmine Daniel Boccuzzi on Behalf of Washington Square Legal Services, Inc., Dated June 1, 2004 (Boccuzzi, Carmine) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

10

CERTIFICATE OF SERVICE by American-Arab Anti-Discrimination Committee, Latin American Workers Project, National Council of La Raza, New York Immigration Coalition, Unite re 9 Notice of Change of Address , Of Janet Ford, Dated June 3, 2004 (Boccuzzi, Carmine) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

11

Letter from Anil Kalhan, Dated June 8, 2004 to Judge Glasser Regarding Request For An Extention Of Time To Serve Brief In Opposition To The Defendants' Motion To Dismiss. (Boccuzzi, Carmine) (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

12

Letter dtd 06/01/04 from Michael J. Wishnie to Mr. Heinemann, informing the court that the office of Washington Square Legal Services, Inc. Has relocated. (Sica, Michele) (Entered: 06/09/2004)

June 9, 2004

June 9, 2004

ENDORSED ORDER, The request for an extention of time to serve the brief in opposition to the defendant's motion is GRANTED. Oral argument is hereby scheduled for 10:00 a.m., July 29, 2004. (see ltr dtd 6/8/04) . Signed by Judge I. Leo Glasser on 6/8/04. (Sica, Michele) (Entered: 06/10/2004)

June 10, 2004

June 10, 2004

13

RESPONSE in Opposition re 6 Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss, filed by American-Arab Anti-Discrimination Committee, Latin American Workers Project, National Council of La Raza, New York Immigration Coalition, Unite. (Boccuzzi, Carmine) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

14

CERTIFICATE OF SERVICE by American-Arab Anti-Discrimination Committee, Latin American Workers Project, National Council of La Raza, New York Immigration Coalition, Unite re 13 Response in Opposition to Motion, / Of Richard V. Conza Dated, June 21, 2004, (Boccuzzi, Carmine) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

15

Letter dtd 6/22/04 from Baher Azmy to Clerk of the Court, informing the Court that the National Latino Officers and the National Black Police, who wish to participate as amici curiae. (Diskette enclosed) (Sica, Michele) (Entered: 06/30/2004) Hall University to appear as Amici Curiae in this action. Should the assistant U.S> Attorney wish to submit a formal response setting forth his objections, He should do so before 7/15/04. If such a response is filed, the movant may reply before 7/22/04. The Court will consider the motion on submission absent a request by either party to be heard, in which event, it would be heard at 10:00 a.m. 7/29/04. ( Order scanned) . Signed by Judge I. Leo Glasser on 6/29/04. (Sica, Michele) (Entered: 07/01/2004)

June 25, 2004

June 25, 2004

17

Letter dated 6/18/04 from Baher Azmy, counsel for National Latino Officers Association and the National Black Police Association, to EDNY Clerk, wishing to participate in this action as amici curiae. Enclosed are two discs for e filing. (Vaughn, Terry) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

18

NOTICE of MOTION by National Black Police Association, National Latino Officers Association to participate as Amici curiae. (Vaughn, Terry) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

19

BRIEF in Support of Plaintiffs and urging the Court to deny the Govt.'s motion to dismiss the complaint, filed by Amici Curiae National Black Police Association, National Latino Officers Association. (Vaughn, Terry) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

20

Letter from F. Franklin Amanat, Assistant U.S. Attorney EDNY to Judge Glasser Regarding request for extension of time until July 19, 2004, to file reply brief in support of defendants' motion to dismiss the complaint. (Amanat, F.) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

21

Letter from F. Franklin Amanat, Assistant United States Attorney, Eastern District of New York to Judge Glasser Regarding request for three-day extension of time (to Thursday July 22, 2004) to file reply brief in support of defendants' motion to dismiss. (Amanat, F.) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

22

REPLY to Response to Motion re 6 Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, filed by John Ashcroft, Bureau of Immigration and Customs Enforcement, Department of Justice, Federal Bureau of Investigation, Michael Garcia, Robert Mueller, Tom Ridge, United States Department of Homeland Security. (Amanat, F.) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

23

ORDER ENDORSED on letter dtd 7/16/04, signed by Judge I. Leo Glasser on 7/20/2004,from F.Franklin Amanat, Assistant U. S. Attorney, granting request to file brief until 7/22/04 and scheduling oral argument for 9/10/04 at 10 am.(order signed by Judge I. Leo Glasser on 7/20/04.)(Schillat, Louise) (Entered: 07/23/2004)

July 23, 2004

July 23, 2004

24

Letter dtd. 7/8/04 from AUSA F. Franklin Amanat to Judge Glasser, advising w/pltff's consent, deft requests a one-week extension of time to 7/19/04, in which to complete their reply brief. (Layne, Monique) (Entered: 07/29/2004)

July 29, 2004

July 29, 2004

25

Letter from Michael J. Wishnie to Judge I. Leo Glasser Regarding Citations from oral argument. (Wishnie, Michael) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

26

Letter dtd 3/1/04 from Anil Kalhan to Judge Glasser, Motion to dismiss filed 4/26/05; Pl. 45 days 6/11/05; reply 3 weeks 7/2/05. (Sica, Michele) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

28

NOTICE by Unite, National Council of La Raza, New York Immigration Coalition, American-Arab Anti-Discrimination Committee, Latin American Workers Project /Notice of Change of Firm Name and Legal Status, dated January 7, 2005 (Boccuzzi, Carmine) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

Case reassigned to Judge Steven M. Gold. Judge A. Simon Chrein no longer assigned to the case. (Villanueva, William) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

29

Letter regarding additional legal authority by National Council of La Raza. (Wishnie, Michael) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

30

MOTION for Extension of Time to File Response/Reply as to 29 Letter , seeking extension of time until March 10, 2006, to respond to plaintiffs' February 15, 2006, letter purporting to inform the Court of "additional legal authority" in opposition to the motion to dismiss the complaint. Motion made on consent of the plaintiffs by all defendants. (Amanat, F.) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

31

ORDER granting 30 Motion for Extension of Time to File Response/Reply. ( Ordered by JudgeI. Leo Glasser on 2/17/05 ) (Guzzi, Roseann) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

32

SEALED DOCUMENT PLACED IN VAULT. (Sica, Michele) (Entered: 03/13/2006)

March 10, 2006

March 10, 2006

33

ORDER TO SHOW CAUSE. Ordered by Judge I. Leo Glasser on 03/17/06. (Chiodo, Marie) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

34

RESPONSE in Support re 6 Notice of MOTION to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief May Be Granted, by way of Letter from F. Franklin Amanat, AUSA- EDNY, to Hon. I. Leo Glasser, in Response to 29 Plaintiffs' Letter to Judge Glasser Dated February 15, 2005, filed by all defendants. (Attachments: # 1 2002 Memorandum from the Office of Legal Counsel to the Attorney General (Redacted))(Amanat, F.) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

36

Letter DTD 3/17/06 To Judge Glasser From Carmine Boccuzzi objecting to the defendant's filing their 3-10-06 submission under seal. (Sica, Michele) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

37

Letter advising court of new legal authority by American-Arab Anti- Discrimination Committee. (Wishnie, Michael) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

38

Letter from F. Franklin Amanat, AUSA, to Hon. I. Leo Glasser, in Response to 37 Letter from plaintiffs dated May 10, 2006, by John Ashcroft, Tom Ridge, Robert Mueller, Michael Garcia, Department of Justice, United States Department of Homeland Security, Federal Bureau of Investigation, Bureau of Immigration and Customs Enforcement. (Attachments: # 1 Encl. 1: ? Respondent?s Supplemental Memorandum of Law in Support of Its Motion to Reconsider or in the Alternative to Stay the Execution of the Judgment, Doe v. ICE, No. M-54 (HB) (S.D.N.Y. filed January 18, 2006)# 2 Encl. 2: ? Respondent?s Memorandum of Law in Response to the Supplemental Brief of Amicus Curiae, Doe v. ICE, No. M-54 (HB) (S.D.N.Y. filed Feb. 10, 2006))(Amanat, F.) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

39

NOTICE of Change of firm, address, and email of plaintiffs' counsel by Michael J. Wishnie (Wishnie, Michael) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

41

CLERK'S JUDGMENT, Ordered and Adjudged that plaintiff take nothing of the defendants; and that the motion to dismiss for lack of subject matter jurisdiction is GRANTED. Ordered by Judge Clerk of Court on 1/9/07. (Sica, Michele) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

42

NOTICE OF APPEAL as to 40 Order on Motion to Dismiss, 41 Clerk's Judgment by Unite, National Council of La Raza, New York Immigration Coalition, American-Arab Anti-Discrimination Committee, Latin American Workers Project. Filing fee $ 455, receipt number 2261232.Appeal Record due by 3/9/2007. (Wishnie, Michael) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. 13 Response in Opposition to Motion, 7 Memorandum in Support, 14 Certificate of Service, 11 Letter, 29 Letter, 35 Letter,, 33 Order to Show Cause, 4 Letter, 16 Order,, 36 Letter, 40 Order on Motion to Dismiss, 1 Complaint, 6 Motion to Dismiss, 42 Notice of Appeal, 20 Letter, 34 Response in Support of Motion, 30 Motion for Extension of Time to File Response/Reply, 10 Certificate of Service, 3 Letter, 28 Notice (Other), Notice (Other), 37 Letter, 19 Memorandum in Support, 9 NOTICE of Change of Address/Firm/Email, 25 Letter, 26 Letter, 18 Notice (Other), 38 Letter,, 39 NOTICE of Change of Address/Firm/Email, 31 Order on Motion for Extension of Time to File Response/Reply, 21 Letter, 27 Motion Hearing,, 22 Reply to Response to Motion, [32] Letter, 41 Clerk's Judgment (Gonzalez, Mary) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

43

First Supplemental INDEX on Appeal transmitted to US Court of Appeals re 42 Notice of Appeal. USCA#07-0816-cv. (McGee, Mary Ann) (Entered: 06/14/2007)

June 8, 2007

June 8, 2007

44

Acknowledgment 1st SUPPLEMENTAL from USCA received re: 42 Appeal. Acknowledgment dated 6/20/07. Unable to read signture. USCA#07/0816-cv. (Drayton, Lorraine) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

40

ORDER granting 6 Motion to Dismiss for lack of subject matter jurisdiction. Ordered by Judge I. Leo Glasser on 1/5/2007. (Dillon, James)

Jan. 5, 2007

Jan. 5, 2007

RECAP

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 17, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Coalition of immigration rights advocacy groups, challenging the disclosure of immigration information to the National Crime Information Center Database (NCIC)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security,, Federal

Bureau of Immigration and Customs Enforcement , Federal

Department of Justice, Federal

FBI, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Records Disclosure

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation