Case: RAICES v. U.S. Immigration and Customs Enforcement

1:15-cv-01318 | U.S. District Court for the District of Columbia

Filed Date: Aug. 14, 2015

Closed Date: 2016

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Case Summary

On August 14, 2015, the Refugee and Immigrant Center for Education and Legal Services (RAICES) filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the U.S. Immigration and Customs Enforcement (ICE), a component of the U.S. Department of Homeland Security (DHS), under the Freedom of Information Act (FOIA). The plaintiff is a consortium of immigrant advocacy organizations that represents civil detainees. It sought declaratory and injunctive relief and attorneys' fees. The plaintiff claimed that ICE had unjustifiably failed to respond to a request for records within the statutorily mandated timeframe. These records related to allegations that detention officers employed by the GEO Group sexually abused female asylum-seekers who were detained with their children in the ICE family detention center in Karnes City, Texas. The plaintiff maintained that the records contained information about the facility’s laundry room, which GEO detention officers allegedly used to sexually assault women in the late night and early morning hours.

Earlier in 2015, an investigation of the substantive allegations had led to a report by the Department of Homeland Security (DHS) Office of Inspector General (OIG). Reviewing over 360 hours of time-lapsed surveillance video footage, OIG explained that it had uncovered no evidence substantiating the allegations. However, according to former detainees, the sexual assaults happened in a "blind spot" in the laundry room where they would not be captured on the security camera. Therefore, the plaintiff submitted a FOIA request for physical and electronic records concerning the laundry room and its associated security camera. At the time of the filing of the complaint, the plaintiff had received no agency records responsive to the request.

On August 14, 2015, the plaintiff filed an amended complaint stating that ICE's online FOIA tracking tool indicated that a request for documents had been sent, and that an estimated delivery date of those documents was to be on August 19, 2015. However, there is no note of the documents being delivered on that date or any date thereafter.

After a long stretch of rescheduling orders, on June 29, 2016 the defendant moved for summary judgment, arguing it had fulfilled its statutory obligations under FOIA. The plaintiff, however, filed no response brief by the deadline. The Court took the plaintiff's silence to mean that the plaintiff did not oppose the defendant's argument that the search was adequate, that the defendant had produced all non-exempt portions of responsive records, and that the defendant had properly withheld material under FOIA's statutory exemptions. Therefore, the Court granted the defendant's summary judgment motion and closed the case on August 22, 2016.

This case is now closed.

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Summary Authors

Matt Ramirez (5/26/2016)

Ava Morgenstern (1/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13236044/parties/raices-inc-v-us-immigration-and-customs-enforcement/

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Free, Robert Andrew (Tennessee)

Attorney for Defendant

Seabrook, April Denise (District of Columbia)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorney for Plaintiff

Free, Robert Andrew (Tennessee)

Attorney for Defendant

Seabrook, April Denise (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:15-cv-01318	Docket [PACER] Raices, Inc. v. U.S. Immigration and Customs Enforcement	Aug. 22, 2016	Aug. 22, 2016 Docket
1 1:15-cv-01318	Complaint for Declaratory and Injunctive Relief RAICES, Inc. v. U.S. Immigration and Customs Enforcement	Aug. 14, 2015	Aug. 14, 2015 Complaint
3 1:15-cv-01318	First Amended Complaint for Declaratory and Injunctive Relief RAICES, Inc. v. U.S. Immigration and Customs Enforcement	Aug. 14, 2015	Aug. 14, 2015 Complaint

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Resources

Title	Description		External URL Date / External URL
Immigration Group Seeks Docs Over Detention Center Abuse Germaine, Carmen	Law360, New York (August 14, 2015, 9:06 PM EDT) -- A non-profit immigration rights group asked a D.C. federal court Friday to compel U.S. Immigration and Customs Enforcement to release documents on a…	Aug. 14, 2015	Aug. 14, 2015 https://www.law360.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13236044/raices-inc-v-us-immigration-and-customs-enforcement/

Last updated March 30, 2024, 3:19 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-4209927) filed by RAICES, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons ICE c/o USAG, # 3 Summons ICE c/o DHS OGC, # 4 Summons ICE c/o USAO)(Free, R.) (Entered: 08/14/2015)	Aug. 14, 2015	Aug. 14, 2015 RECAP
	Case Assigned to Judge James E. Boasberg. (rd)	Aug. 14, 2015	Aug. 14, 2015 PACER
2	SUMMONS (3) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 08/14/2015)	Aug. 14, 2015	Aug. 14, 2015 PACER
3	AMENDED COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT filed by RAICES, INC..(Free, R.) (Entered: 08/14/2015)	Aug. 14, 2015	Aug. 14, 2015 PACER
4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/25/2015. Answer due for ALL FEDERAL DEFENDANTS by 9/24/2015. (Attachments: # 1 Summons Returned Executed as to DHS OGC, # 2 Summons Returns Executed as to U.S. Atty General)(Free, R.) (Entered: 10/16/2015)	Oct. 16, 2015	Oct. 16, 2015 PACER
5	NOTICE of Appearance by April Denise Seabrook on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 10/22/2015)	Oct. 22, 2015	Oct. 22, 2015 PACER
6	Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 11/17/2015)	Nov. 17, 2015	Nov. 17, 2015 PACER
	MINUTE ORDER granting Defendant's 6 Consent Motion for Extension of Time. Defendant shall complete its FOIA production by no later than December 18, 2015, and file its responsive pleading to Plaintiff's Complaint no later than January 8, 2016. Signed by Judge James E. Boasberg on 11/18/2015. (lcjeb2)	Nov. 18, 2015	Nov. 18, 2015 PACER
	Set/Reset Deadlines: Defendant's FOIA production due by 12/18/2015; Answer to Complaint due by 1/8/2016. (tg)	Nov. 18, 2015	Nov. 18, 2015 PACER
7	MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 01/07/2016)	Jan. 7, 2016	Jan. 7, 2016 PACER
	MINUTE ORDER granting Defendant's 7 Motion for Extension of Time to Answer. Defendant shall file its Answer or other responsive pleading no later than January 22, 2016. Signed by Judge James E. Boasberg on 01/08/2016. (lcjeb2)	Jan. 8, 2016	Jan. 8, 2016 PACER
	Set/Reset Deadline: Defendant shall file its Answer or other responsive pleading no later than 1/22/2016. (ad)	Jan. 8, 2016	Jan. 8, 2016 PACER
8	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 01/21/2016)	Jan. 21, 2016	Jan. 21, 2016 PACER
	MINUTE ORDER granting Defendant's 8 Motion for Extension of Time to Answer. The Court ORDERS that Defendant shall file its Answer or other responsive pleading by no later than February 5, 2016. Signed by Judge James E. Boasberg on 01/22/2016. (lcjeb2)	Jan. 22, 2016	Jan. 22, 2016 PACER
	Set/Reset Deadline: The Defendant shall file its Answer or other responsive pleading by no later than 2/5/2016. (ad)	Jan. 25, 2016	Jan. 25, 2016 PACER
9	ANSWER to 3 Amended Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Related document: 3 Amended Complaint filed by RAICES, INC..(Seabrook, April) (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 PACER
	MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a proposed briefing schedule by February 22, 2016. Signed by Judge James E. Boasberg on 02/08/2016. (lcjeb2)	Feb. 8, 2016	Feb. 8, 2016 PACER
	Set/Reset Deadline: The parties shall meet, confer, and submit a proposed briefing schedule by 2/22/2016. (ad)	Feb. 8, 2016	Feb. 8, 2016 PACER
10	PROPOSED BRIEFING SCHEDULE by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Seabrook, April) (Entered: 02/22/2016)	Feb. 22, 2016	Feb. 22, 2016 PACER
	MINUTE ORDER granting parties' 10 Joint Proposed Briefing Schedule. The Court ORDERS that: 1) Plaintiff shall provide Defendant information concerning all challenges to Defendant's FOIA production by no later than February 26, 2016; 2) Defendant shall file its Motion for Summary Judgment by no later than April 15, 2016; 3) Plaintiff shall files its Opposition/Cross-Motion for Summary Judgment by no later than May 16, 2016; 4) Defendant shall file its Reply/Opposition by no later than June 15, 2016; and 5) Plaintiff shall file its Reply by no later than July 15, 2016. Signed by Judge James E. Boasberg on 02/22/2016. (lcjeb2)	Feb. 22, 2016	Feb. 22, 2016 PACER
	Set/Reset Deadlines: Plaintiff shall provide Defendant information concerning all challenges to Defendant's FOIA production by no later than 2/26/2016; Defendant shall file its Motion for Summary Judgment by no later than 4/15/2016; Plaintiff shall files its Opposition/Cross-Motion for Summary Judgment by no later than 5/16/2016; Defendant shall file its Reply/Opposition by no later than 6/15/2016; and Plaintiff shall file its Reply by no later than 7/15/2016. (ad)	Feb. 23, 2016	Feb. 23, 2016 PACER
11	Consent MOTION to Amend/Correct Order,, Set/Reset Deadlines, Briefing Schedule by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 04/12/2016)	April 12, 2016	April 12, 2016 PACER
	MINUTE ORDER granting Defendant's 11 Motion to Amend the Briefing Schedule. The Court ORDERS that 1) Defendant's Motion for Summary Judgment shall be filed by no later than April 29, 2016; 2) Plaintiff's Opposition and cross-motion, if any, shall be filed by no later than May 30, 2016; 3) Defendant's Reply shall be filed by no later than June 29, 2016; and 4) Plaintiff's Reply, if any, shall be filed by no later than July 29, 2016. Signed by Judge James E. Boasberg on 04/13/2016. (lcjeb2)	April 13, 2016	April 13, 2016 PACER
	Set/Reset Deadlines: Defendant's Motion for Summary Judgment shall be filed by no later than 4/29/2016; Plaintiff's Opposition and cross-motion, if any, shall be filed by no later than 5/30/2016; Defendant's Reply shall be filed by no later than 6/29/2016; and Plaintiff's Reply, if any, shall be filed by no later than 7/29/2016. (ad)	April 13, 2016	April 13, 2016 PACER
12	Consent MOTION to Amend/Correct Briefing Schedule by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 04/29/2016)	April 29, 2016	April 29, 2016 PACER
	MINUTE ORDER granting Defendant's 12 Consent Motion to Amend Briefing Schedule. The Court ORDERS that Defendant's Motion for Summary Judgment shall be filed no later than June 1, 2016; Plaintiff's Opposition and Cross-Motion for Summary Judgment, if applicable, shall be filed no later than July 1, 2016; Defendant's Reply shall be filed by no later than August 1, 2016; and Plaintiff's Reply, if any, shall be filed by no later than August 31, 2016. Signed by Judge James E. Boasberg on 04/29/2016. (lcjeb2)	April 29, 2016	April 29, 2016 PACER
	Set/Reset Deadlines: Summary Judgment motion due by 6/1/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 7/1/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 8/1/2016; Reply to Opposition to Cross-Motion. (tg)	May 2, 2016	May 2, 2016 PACER
13	Consent MOTION to Amend/Correct Order on Motion to Amend/Correct,, Set/Reset Deadlines, Briefing Schedule by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 05/31/2016)	May 31, 2016	May 31, 2016 PACER
	MINUTE ORDER granting Defendant's 13 Consent Motion to Amend Briefing Schedule. The Court ORDERS that: 1) Defendant's Motion for Summary Judgment shall be filed by no later than June 29, 2016; 2) Plaintiff's Opposition and Cross-Motion for Summary Judgment, if applicable, shall be filed by no later than July 28, 2016; 3) Defendant's Reply shall be filed by no later than August 29, 2016; and 4) Plaintiff's Reply, if any, shall be filed by no later than September 12, 2016. Signed by Judge James E. Boasberg on 06/01/2016. (lcjeb2)	June 1, 2016	June 1, 2016 PACER
	Set/Reset Deadlines: Defendant's Motion for Summary Judgment shall be filed by no later than 6/29/2016; Plaintiff's Opposition and Cross-Motion for Summary Judgment, if applicable, shall be filed by no later than 7/28/2016; Defendant's Reply shall be filed by no later than 8/29/2016; and Plaintiff's Reply, if any, shall be filed by no later than 9/12/2016. (ad) Modified on 6/17/2016 to correct the Defendant's Motion for Summary Judgment date (ad).	June 1, 2016	June 1, 2016 PACER
14	MOTION for Summary Judgment by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit 1 - Declaration, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7 - Vaughn Index)(Seabrook, April) (Entered: 06/29/2016) 1 Statement of Facts View on RECAP 2 Memorandum in Support View on RECAP 3 Exhibit 1 - Declaration View on RECAP 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 - Vaughn Index View on PACER	June 29, 2016	June 29, 2016 RECAP
	MINUTE ORDER: Defendant filed its Motion for Summary Judgment on June 29, 2016, and Plaintiff's Opposition was due on July 28, 2016. See Minute Order of June 1, 2016. As Plaintiff has failed to oppose Defendant's Motion, the Court will treat the arguments in the Motion as conceded under LCvR 7(b). In other words, the Court will uphold, as unopposed, Defendant's arguments that its search was adequate, it has produced all non-exempt portions of responsive records, and it has properly withheld material pursuant to the statutory exemptions. The Court thus ORDERS that the 14 Motion is GRANTED. A separate Judgment will issue. Signed by Judge James E. Boasberg on 8/22/16. (lcjeb2)	Aug. 22, 2016	Aug. 22, 2016 PACER
	.Order	Aug. 22, 2016	Aug. 22, 2016 PACER
15	CLERK'S JUDGMENT signed by Anjanie Desai, Deputy Clerk on 8/22/2016. (ad) (Entered: 08/22/2016)	Aug. 22, 2016	Aug. 22, 2016 PACER

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Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2015

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Refugee and Immigrant Center for Education and Legal Services (RAICES) is a non-profit that provides direct legal services to women and children detained in the Karnes City, Texas family detention center

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Available Documents: