NATIONAL IMMIGRATION LAW CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
Plaintiff: NATIONAL IMMIGRATION LAW CENTER
Defendant: UNITED STATES DEPARTMENT OF HOMELAND SECURITY and UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
Case Number: 1:2019cv00866
Filed: March 26, 2019
Court: US District Court for the District of Columbia
Presiding Judge: Rudolph Contreras
Nature of Suit: Freedom of Information Act
Cause of Action: 05 U.S.C. § 552
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 9, 2019 Filing 26 NOTICE of Voluntary Dismissal by NATIONAL IMMIGRATION LAW CENTER (Salzman, Donald)
April 29, 2019 Opinion or Order MINUTE ORDER granting #25 Defendants' Consent Motion for Extension of Time. It is hereby ORDERED that Defendants shall respond to the complaint on or before May 10, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 29, 2019. (lcrc3)
April 26, 2019 Filing 25 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Valdivia, Diana)
April 4, 2019 Filing 24 TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on April 3, 2019; Page Numbers: 1-28. Date of Issuance:April 4, 2019. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <

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April 4, 2019 Filing 23 MOTION to Seal the Contents of Docket Entry 19-1 by NATIONAL IMMIGRATION LAW CENTER (Attachments: #1 Text of Proposed Order)(Salzman, Donald); Modified event and text on 4/4/2019 (tth).
April 4, 2019 NOTICE OF CORRECTED DOCKET ENTRY: re #20 Response to Document was entered in error at the request of counsel. Said pleading is a duplicate of Docket Entry #19 . (tth)
April 4, 2019 Opinion or Order MINUTE ORDER granting #23 Plaintiff's Motion to Seal. It is hereby ORDERED that docket entry 19-1 shall be sealed. SO ORDERED. Signed by Judge Rudolph Contreras on April 4, 2019. (lcrc3, )
April 3, 2019 Filing 22 ERRATA by NATIONAL IMMIGRATION LAW CENTER #20 Response to Document filed by NATIONAL IMMIGRATION LAW CENTER. (Attachments: #1 Exhibit 1)(Salzman, Donald)
April 3, 2019 Opinion or Order Filing 21 ORDER denying #15 Plaintiff's Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on April 3, 2019. (lcrc3)
April 3, 2019 Filing 20 ENTERED IN ERROR.....RESPONSE re #18 Notice (Other), (Plaintiff's Response to the Notice of ICE's Intent to Comply With Rule 45 Subpoena) filed by NATIONAL IMMIGRATION LAW CENTER. (Salzman, Donald); Modified on 4/4/2019 (tth).
April 3, 2019 Filing 19 RESPONSE re #18 Notice (Other), Plaintiff's Response to the Notice of ICE's Intent to Comply With Rule 45 Subpoena) filed by NATIONAL IMMIGRATION LAW CENTER. (Attachments: #1 Exhibit A to Response to Notice)(Salzman, Donald); Modified Exhibit A sealed at the request of counsel on 4/4/2019 (tth).
April 3, 2019 Filing 18 NOTICE of Defendant ICE's Intent to Comply with Rule 45 Subpoena by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: #1 Exhibit Rule 45 Subpoena Issued by the United States District Court for the Eastern District of Tennessee)(Valdivia, Diana)
April 3, 2019 Filing 17 MOTION to Stay Any Order Granting Plaintiff's Renewed Motion for a Preliminary Injunction Pending Appeal to the D.C. Circuit by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Valdivia, Diana)
April 3, 2019 Filing 16 Memorandum in opposition to re #15 MOTION for Preliminary Injunction (Plaintiff's Expedited Renewed Motion for Preliminary Injunction) filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: #1 Declaration of Toni Fuentes (supplemental))(Valdivia, Diana)
April 3, 2019 Opinion or Order MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a motion hearing on April 3, 2019 at 4:00 PM in Courtroom 14 before Judge Rudolph Contreras. SO ORDERED. Signed by Judge Rudolph Contreras on April 3, 2019. (lcrc3)
April 3, 2019 Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 4/3/2019 re #15 MOTION for Preliminary Injunction (Plaintiff's Expedited Renewed Motion for Preliminary Injunction) filed by NATIONAL IMMIGRATION LAW CENTER. Oral argument heard, motion taken under advisement. Court Reporter: Patricia Kaneshiro-Miller. (zcal)
April 3, 2019 Set/Reset Hearings: Motion Hearing set for 4/3/2019 at 04:00 PM in Courtroom 14 before Judge Rudolph Contreras. (tj)
April 2, 2019 Filing 15 MOTION for Preliminary Injunction (Plaintiff's Expedited Renewed Motion for Preliminary Injunction) by NATIONAL IMMIGRATION LAW CENTER (Attachments: #1 Text of Proposed Order, #2 Declaration of Melissa S. Keaney, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Declaration of Carolina Romulo Mendoza, #21 Declaration of Catarino Zapote Hernandez, #22 Declaration of Geronimo Guerrero, #23 Declaration of Isabel Zelaya, #24 Declaration of Luis Roberto Bautista Martinez, #25 Declaration of Maria del Pilar Gonzalez Cruz, #26 Declaration of Martha Pulido)(Salzman, Donald)
April 2, 2019 Filing 14 TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on April 1, 2019; Page Numbers: 1-15. Date of Issuance:April 2, 2019. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <

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April 1, 2019 Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 4/1/2019 re #4 MOTION for Preliminary Injunction filed by NATIONAL IMMIGRATION LAW CENTER. Motion is GRANTED for reasons stated on the records. Order to follow. (Court Reporter: Patricia Kaneshiro Miller) (tj)
April 1, 2019 Opinion or Order MINUTE ORDER granting #4 Plaintiff's Motion for Preliminary Injunction; granting #5 Plaintiff's Motion to Expedite Proceedings. For the reasons stated on the record during the April 1, 2019 motion hearing, the Court concludes that Plaintiff has met the standard for preliminary relief (e.g., substantial likelihood of success on the merits, irreparable harm, balance of the equities, and public interest). The government has already determined that Plaintiff is entitled to a fee waiver and expedited processing of its FOIA request, and, but for the government's error, such processing would have been completed long ago. Moreover, if Plaintiff is unable to obtain the information sought in its FOIA request, the individuals Plaintiff represents in Tennessee may lose their ability to pursue Bivens claims due to the imminent lapsing of the relevant statute of limitations. Thus, Plaintiff has established irreparable harm. Finally, the public interest would be served by accelerating the expedited processing the government has already determined is appropriate to correct the government's error. And the limited acceleration ordered herein will not be disruptive to the public interest. Accordingly, it is hereby ORDERED that on or before the close of business on April 2, 2019, the government shall process and release at least one record containing all of the information sought by Plaintiff's FOIA request at issue here. Once the government locates and releases at least one such record, the government may, at its discretion, complete the remainder of its search at the pace indicated in its prior statements (i.e., 10 days). It is FURTHER ORDERED that the government may redact any released record or records, if the government believes that such redactions are justified by a particular FOIA exemption or exemptions. SO ORDERED. Signed by Judge Rudolph Contreras on April 1, 2019. (lcrc3)
March 29, 2019 Filing 13 Memorandum in opposition to re #4 MOTION for Preliminary Injunction filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: #1 Declaration of James V.M.I. Holzer, #2 Declaration of Toni Fuentes)(Valdivia, Diana)
March 28, 2019 Filing 12 ERRATA by NATIONAL IMMIGRATION LAW CENTER #10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eben P. Colby, :Address- 500 Boylston Street, Boston, MA 02116. Phone No. - 617-573-4855. Fax No. - 617-305-4855 Filing fee $ 100, receipt number 0090-6026618. Fee Status: filed by NATIONAL IMMIGRATION LAW CENTER. (Salzman, Donald)
March 28, 2019 Opinion or Order MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a motion hearing on April 1, 2019 at 11:00 AM in Courtroom 14 before Judge Rudolph Contreras. SO ORDERED. Signed by Judge Rudolph Contreras on March 28, 2019. (lcrc3)
March 28, 2019 Set/Reset Hearings: Motion Hearing set for 4/1/2019 at 11:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)
March 28, 2019 Opinion or Order MINUTE ORDER granting #10 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Eben P. Colby is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on March 28, 2019. (lcrc3)
March 28, 2019 Opinion or Order MINUTE ORDER granting #9 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Jason S. Levin is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on March 28, 2019. (lcrc3)
March 28, 2019 Opinion or Order MINUTE ORDER granting #11 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Arthur R. Bookout is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on March 28, 2019. (lcrc3)
March 27, 2019 Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Arthur R. Bookout, :Address- One Rodney Square, 920 N. King Street, Wilmington, Delaware 19801. Phone No. - 302-651-3026. Fax No. - 302-434-3026 Filing fee $ 100, receipt number 0090-6026620. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER (Attachments: #1 Declaration of Arthur R. Bookout, #2 Text of Proposed Order)(Salzman, Donald)
March 27, 2019 Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eben P. Colby, :Address- 500 Boylston Street, Boston, MA 02116. Phone No. - 617-573-4855. Fax No. - 617-305-4855 Filing fee $ 100, receipt number 0090-6026618. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER (Attachments: #1 Declaration of Eben P. Colby, #2 Text of Proposed Order)(Salzman, Donald)
March 27, 2019 Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jsaon S. Levin, :Address- One Rodney Square, 920 N. King Street, Wilmington, Delaware 19801. Phone No. - 302-651-3086. Fax No. - 302-434-3085 Filing fee $ 100, receipt number 0090-6026615. Fee Status: Fee Paid. by NATIONAL IMMIGRATION LAW CENTER (Attachments: #1 Declaration Declaration of Jason S. Levin, #2 Text of Proposed Order)(Salzman, Donald)
March 27, 2019 Filing 8 NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana)
March 27, 2019 Filing 7 ERRATA In Re Correction to Local Rule 5.1(c) by NATIONAL IMMIGRATION LAW CENTER #1 Complaint,,, filed by NATIONAL IMMIGRATION LAW CENTER. (Salzman, Donald)
March 27, 2019 Filing 6 SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, )
March 27, 2019 Case Assigned to Judge Rudolph Contreras. (zef, )
March 26, 2019 Filing 5 MOTION to Expedite Proceedings On Plaintiff's Motion for Preliminary Injunction by NATIONAL IMMIGRATION LAW CENTER (Attachments: #1 Declaration of Nora A. Preciado, #2 Text of Proposed Order)(Salzman, Donald)
March 26, 2019 Filing 4 MOTION for Preliminary Injunction by NATIONAL IMMIGRATION LAW CENTER (Attachments: #1 Text of Proposed Order)(Salzman, Donald)
March 26, 2019 Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL IMMIGRATION LAW CENTER (Salzman, Donald)
March 26, 2019 Filing 2 NOTICE OF RELATED CASE by NATIONAL IMMIGRATION LAW CENTER. Case related to Case No. USDC EDTN - 3:19-cv-62. (Salzman, Donald)
March 26, 2019 Filing 1 COMPLAINT for Injunctive Relief against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-6023555) filed by NATIONAL IMMIGRATION LAW 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 Civil Cover Sheet, #15 Summons to US Attorney General William P. Barr, #16 Summons to US Dept of Homland Security, #17 Summons to Immigration and Customs Enforcement, #18 Summons US Attorney for the District of Columbia Jessie K. Liu)(Salzman, Donald) (Attachment 14 replaced on 3/27/2019) (zef, ).

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Defendant: UNITED STATES DEPARTMENT OF HOMELAND SECURITY
Represented By: Diana Viggiano Valdivia
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Defendant: UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
Represented By: Diana Viggiano Valdivia
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Plaintiff: NATIONAL IMMIGRATION LAW CENTER
Represented By: Donald P. Salzman
Represented By: Jason S. Levin
Represented By: Arthur R. Bookout
Represented By: Eben P. Colby
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