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Civil Rights Litigation Clearinghouse
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Case Name Families for Freedom v. Chertoff IM-NY-0045
Docket / Court 08-4056 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Attorney Organization Jerome N. Frank Legal Services Organization (Yale)
Case Summary
On April 20, 2008, Families for Freedom and the National Immigration Project filed a lawsuit under the Administrative Procedures Act against the Department of Homeland Security in the U.S. District Court for the Southern District of New York. The plaintiffs complained that the defendants had ... read more >
On April 20, 2008, Families for Freedom and the National Immigration Project filed a lawsuit under the Administrative Procedures Act against the Department of Homeland Security in the U.S. District Court for the Southern District of New York. The plaintiffs complained that the defendants had failed to promulgate regulations governing facilities in which DHS detains immigrants, despite the fact that the plaintiffs had previously petitioned them to establish such regulations. Plaintiffs alleged that DHS' failure to respond to the petition violated § 706(1) of the Administrative Procedure Act (APA), requiring a reasoned and timely response to the petition and that the constructive denial of the petition was arbitrary, capricious, and an abuse of discretion under § 706(2) of the APA.

On June 25, 2009, the court (Judge Denny Chin) denied the defendant's motion to dismiss, holding that the plaintiffs properly stated a claim that DHS violated the APA. Further, the court found that the defendants' delay in responding to the petition was unreasonable. Because it held that the defendants had not yet responded to plaintiffs' petition within the meaning of the APA, the court dismissed plaintiffs' constructive denial claim as moot. The court ordered the agency to decide plaintiffs' petition within 30 days and closed the case.

Kristen Sagar - 08/19/2009


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Issues and Causes of Action
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Issues
General
Conditions of confinement
Immigration
Detention - conditions
Detention - criteria
Detention - procedures
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Department of Homeland Security
Plaintiff Description Families for Freedom, the National Immigration Project of the National Lawyers Guild, and two individuals who had been held in detention facilities
Indexed Lawyer Organizations Jerome N. Frank Legal Services Organization (Yale)
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2009 - n/a
Case Closing Year 2009
Case Ongoing No
Docket(s)
08−cv−04056 (S.D.N.Y.)
IM-NY-0045-9000.pdf | Detail
Date: 10/01/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
[Letter - Petition to Initiate Rule Making]
IM-NY-0045-0003.pdf | Detail
Date: 01/24/2007
Complaint
IM-NY-0045-0002.pdf | Detail
Date: 04/30/2008
Press Release
IM-NY-0045-0001.pdf | Detail
Date: 05/01/2008
Memorandum Decision (628 F.Supp.2d 535) (S.D.N.Y.)
IM-NY-0045-0005.pdf | WESTLAW| LEXIS | Detail
Date: 06/25/2009
Source: District Court
[DHS Letter - Denial of Petition to Initiate Rule Making]
IM-NY-0045-0004.pdf | Detail
Date: 07/24/2009
Judges Chin, Denny (Second Circuit, S.D.N.Y.)
IM-NY-0045-0005 | IM-NY-0045-9000
Monitors/Masters None on record
Plaintiff's Lawyers Wishnie, Michael J. (Connecticut)
IM-NY-0045-0002 | IM-NY-0045-0003 | IM-NY-0045-0005 | IM-NY-0045-9000
Defendant's Lawyers Bober, David (New York)
IM-NY-0045-0005 | IM-NY-0045-9000
Dassin, Lev L. (New York)
IM-NY-0045-0005
Lute, Jane Holl (District of Columbia)
IM-NY-0045-0004
Other Lawyers None on record

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