University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name American Immigration Council v. U.S. Department of Homeland Security IM-DC-0018
Docket / Court 1:11-cv-01972 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration
Case Summary
On November 8, 2011, an immigrants' rights non-profit organization filed suit under the Freedom of Information Act (FOIA), seeking declaratory and injunctive relief, against the U.S. Department of Human Services and U.S. Customs and Border Protection (CBP) in the U.S. District Court for the ... read more >
On November 8, 2011, an immigrants' rights non-profit organization filed suit under the Freedom of Information Act (FOIA), seeking declaratory and injunctive relief, against the U.S. Department of Human Services and U.S. Customs and Border Protection (CBP) in the U.S. District Court for the District of Columbia. Plaintiffs sought records concerning individuals' access to counsel during their interactions with CBP. The plaintiff alleged that the defendants' failure to conduct a reasonable search for records responsive to the request and refusal to disclose such records was a violation of FOIA.

Defendants filed a Motion for Summary Judgment, but withdrew the motion voluntarily several months later. On May 22, 2012, the defendants filed a Consent Motion for Renewed Briefing Schedule, which set out a schedule for a rolling production of responsive documents over a period of between six and nine months, with monthly status reports to the court. Following this period, the parties agreed to consult regarding a renewed briefing schedule.

For more than a year, defendants produced documents on a rolling basis. At the August 27, 2013 status conference, the parties identified nine documents that remained at issue. Plaintiff requested that defendants release four of the nine documents and in exchange, Plaintiff would forego challenges to the exemptions asserted by the defendants in the remaining five documents.

On September 10, 2013, the defendants determined that they could not release the four documents in full. A briefing schedule was therefore set. On November 5, 2013, defendants filed a motion for summary judgment.

Elizabeth Daligga - 07/23/2012
Jennifer Bronson - 11/25/2013


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Issues and Causes of Action
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Issues
General
Records Disclosure
Immigration
Deportation - procedure
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) U.S. Customs and Border Protection
U.S. Department of Homeland Security
Plaintiff Description Non-profit organization dedicated to immigration policy and law advocacy
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing IM-DC-0017 : American Immigration Council v. U.S. Department of Homeland Security (D.D.C.)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:11-cv-01972-JEB (D.D.C.) 11/05/2013
IM-DC-0018-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/08/2011
IM-DC-0018-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Motion for Summary Judgment 01/26/2012
IM-DC-0018-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Opposition to Defendants' Motion for Summary Judgment 03/26/2012
IM-DC-0018-0004.pdf | Detail
Defendants' Notice of Withdrawal of Motion for Summary Judgment and Consent Motion for Renewed Briefing Schedule 05/22/2012
IM-DC-0018-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Status Report and Motion for Briefing Schedule 09/10/2013
IM-DC-0018-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Boasberg, James Emanuel (D.D.C., FISC)
IM-DC-0018-9000
Monitors/Masters None on record
Plaintiff's Lawyers Crow, Melissa E. (District of Columbia)
IM-DC-0018-0002 | IM-DC-0018-0004 | IM-DC-0018-0005 | IM-DC-0018-9000
Grant, Michelle S. (Minnesota)
IM-DC-0018-0005 | IM-DC-0018-9000
Magid, Creighton R. (District of Columbia)
IM-DC-0018-0002 | IM-DC-0018-0004 | IM-DC-0018-0005 | IM-DC-0018-9000
Werlin, Beth (District of Columbia)
IM-DC-0018-9000
Defendant's Lawyers Borum, Marian L. (District of Columbia)
IM-DC-0018-0001 | IM-DC-0018-0003 | IM-DC-0018-0005 | IM-DC-0018-9000
Machen, Ronald C (District of Columbia)
IM-DC-0018-0005
Vanhorn, Daniel F. (District of Columbia)
IM-DC-0018-0005
Other Lawyers None on record

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