Case 1:12-cv-00932 Document 1 Filed 06/07/12 Page 1 of 15

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

AMERICAN IMMIGRATION COUNCIL 1331 G Street, NW, Suite 200 Washington, DC 20005-3141
Plaintiff,
v_
UNITED STATES DEPARTMENT OF HOMELAND SECURITY Office of the General Counsel 20 Massachusetts Avenue, NW Washington, DC 20528
and
U.S. CUSTOMS AND BORDER PROTECTION 1300 Pennsylvania Avenue, NW Washington, DC 20229,
Defendants.

) ) ) ) ) )
) CASE NUMBER:
) ) ) ) ) ) ) ) ) ) ) ) ) ) )

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1. This is an action under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, seeking disclosure of records concerning the enforcement operations and activities of U.S. Customs and Border Protection ("CBP"), a component of the U.S. Department of Homeland Security ("DHS"), related to "voluntary returns" of noncitizens from the United States to their countries of origin. The American Immigration Council ("AIC") seeks declaratory, injunctive, and other appropriate relief with respect to Defendants' unlawful withholding of these records.

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2. CBP has broad authority to secure the borders of the United States. To this end, CBP officers routinely admit or exclude individuals seeking entry to the United States, make arrests, issue charging documents, and detain noncitizens. CBP officers also frequently manage the "voluntary return" of noncitizens who are present in the United States in violation of the immigration laws. Voluntary return (also known as "administrative voluntary departure") is a procedure whereby a CBP officer permits a noncitizen to voluntarily depart the United States at his or her own expense in lieu of being subject to formal removal proceedings. See 8 U.S.C. § 1229c(a). Implementing regulations provide that a noncitizen may be granted voluntary return to his or her country of origin after conceding unlawful presence in the United States and knowingly and voluntarily waiving the right to contest removal. See 8 C.F.R. §§ 103.2(a)(I), 236.3(f)·(g), 240.25; Forms 1-826 and 1-770, attached hereto as Exhibit A.
3. Based upon reports from immigration advocates, CBP officers do not always provide noncitizens with information regarding the consequences of accepting administrative voluntary departure and in some cas'es even compel them to "agree" to "voluntarily" depart. These practices have profound adverse consequences. Some of the individuals subject to voluntary returns are entitled to lawfully remain in the United States or are eligible for immigration relief. By opting for voluntary return, noncitizens may relinquish their claims for relief and/or become barred from lawfully reentering the United States for up to ten years. By effecting "voluntary" returns without informed consent, CBP deprives noncitizens of
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the critical right to contest removability and seek lawful status in the United States through mechanisms that Congress has created.
4. DRS reports that CBP manages more than 400,000 voluntary returns each year. Despite the pervasive role voluntary return plays in its immigration enforcement activities, CBP is notorious for its lack of transparency on this issue. As a result, in June 2011 AlC submitted a Freedom of Information Act ("FOIA") request to CBP seeking records regarding voluntary return. CBP's failure to turn over the requested records violates the FOIA and is impeding Arc's efforts to educate the public regarding CBP enforcement operations in general and to educate the immigration bar regarding CBP's voluntary return practices in particular. CBP also is hindering AIC's ability to effectively advocate for justice and fairness for noncitizens subject to these practices.
JURISDICTION AND VENUE 5. This Court has subject matter jurisdiction over this action pursuant to 5 U,S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331. This Court has. jurisdiction to grant declaratory and further necessary or proper relief pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, et. seq. 6. Venue properly rests with this Court pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e) because Plaintiff Arc's principal place of business is in the District of Columbia. 7. Plaintiff Arc has exhausted any and all administrative remedies in connection with its FOIA request.
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PARTIES 8. Plaintiff AIC is a nonprofit organization with its principal place of business at 1331 G Street, NW, Suite 200, in Washington DC. Founded in 1987, AIC's mission is to educate the American public about immigrants' contributions to American society, to promote sensible and humane immigration policy, and to advocate for the just and equitable enforcement of the immigration laws. AIC's Immigration Policy Center ("IPC") and Legal Action Center ("LAC") help carry out this mission by reaching out to the public and to attorneys practicing in the immigration arena to promote a better understanding of immigration law, policy and practice. The IPC targets policymakers, the media, and advocates using a range of publications, new media, and presentations to inform the public debate on immigration. The LAC undertakes administrative advocacy, impact litigation, and education to advance the fair administration of the immigration laws. 9. Defendant DHS is a department of the executive branch of the United States government and is an agency within the meaning of 5 U.S.C. § 552(:0. DHS is responsible for enforcing federal immigration laws. DHS has possession and control over the records sought by AIC. 10. Defendant CBP is a component of DHS and is an agency within the meaning of 5 U.S.C. § 552(f). Among other duties, CBP is responsible for enforcing immigration laws at and between ports of entry to the United States and managing voluntary returns of noncitizens from the United States to their countries of origin pursuant to 8 U.S.C. § 1229c(a) and its implementing regulations. CBP has possession and control over the records sought by AIC.
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STATEMENT OF FACTS A. AlC's FOIA Request
11. On June 15, 2011, AIC submitted a FOIA request to CBP seeking: Wny and all records that were prepared, received, transmitted, collected, and/or maintained by the U.s. Department of Homeland Security (DHS) and/or U.S. Customs and Border Protection (CBP) that describe, refer or relate to CBP's enforcement operations and activities within 100 miles of the U.S.'Mexico border aimed at and/or resulting in voluntary returns of individuals to their countries of origin from January 2009 to the present. For purposes of this request, the term "voluntary returns" shall encompass grants of voluntary departure prior to the initiation of removal proceedings pursuant to 8 U.S.C, § 1229c(a). ("AIC's FOIA Request"). A copy of Arc's FOIA Request IS attached hereto as Exhibit B. 12. AIC's FOIA Request identified fourteen non'exclusive categories of records that the request encompassed. In summary, parts one through ten indicated these records included DHS and CBP guidance, guidelines, directives, rules, policies, procedures, instructions, criteria, standards, agreements, correspondence, communications, and training materials concerning voluntary returns. Related topics such as arrest and detention, questioning and processing of apprehended individuals, coercive tactics by agents, eligibility for voluntary return, and consent and waivers related to voluntary return also were covered. See Exhibit B at 1'2. Parts eleven through fourteen specified that the requested records included documents related to complaints and investigations regarding potential misconduct, coercive tactics and mistreatment of apprehended individuals by DHS or CBP agents within 100 miles of the U.S.'Mexico border. See Exhibit Bat 2'3.
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13. Each part of Arc's FOIA Request reasonably described the records sought and provided sufficient information for CBP to conduct a reasonable search for documents responsive to the request, as required by 5 U.S.C. § 552(a)(3)(A). See Exhibit B at 1'3 (describing, in detail, the records sought).
14. AIC's FOIA request also sought a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii). See Exhibit B at 3'5.
15. On August 3, 2011, CBP responded to Arc's FOIA Request. A copy of CBP's August 3, 2011 response letter is attached hereto as Exhibit C.
16. CBP responded to parts one through ten of Arc's FOIA Request by providing a total of two documents, comprising four pages of records - a 2009 memorandum entitled "Juvenile Processing Guidance" and a chart listing, by country, the number of voluntary returns completed by CBP from January 2009 to April 2011. See Exhibit C at 4-7.
17. CBP also stated that it would not conduct a search for records responsive to parts eleven through fourteen of AIC's FOIA Request. Instead, CBP indicated that it was "unable to respond to parts 11 through 14" of AIC's FOIA Request and considered these parts "unperfected." See Exhibit C at 2. CBP gave three reasons for this characterization: (1) the "term 'misconduct' as used by CBP applies to all incidents that are a violation of the rules and regulations of CBP" and Arc was not sufficiently specific as to the "type of misconduct [it was] interested in"; (2) reports are "primarily retrieved via name, date of birth, SSN or other personal identifiers specific to the employee," and responsive records could not be retrieved
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unless AIC provided specific names of individuals involved in responsive reports; and (S) written consent is required from those individuals "involved in [responsive] reports... per third party privacy laws." See id.
18. CBP's response to AIC's FOIA Request did not include any information about the manner of the agency's search for responsive records and did not seek to explain how a reasonable search for responsive records could have located only the two documents described in paragraph 16 above. See Exhibit C at l·S. CBP also did not assert that any responsive records were withheld because they were subject to exemptions under FOIA. See id.
19. CBP's response to AIC's FOIA Request did not address AIC's request for a fee waiver. See id.
B. AlC's Administrative Appeal
20. On September 26, 2011, AIC timely filed an administrative appeal of the decision on AIC's FOIA Request. A copy of AIC's September 26, 2011 appeal letter is attached hereto as Exhibit D.
21. In the appeal letter AIC asserted that CBP did not conduct an adequate search for records responsive to AIC's FOIA Request and did not produce all responsive, non'exempt information in its possession that was not already in the public domain. See Exhibit D at 4'7.
22. AlC also contested CBP's claim that parts eleven through fourteen of AIC's FOIA Request were unperfected and indicated that 5 U.S.C. § 552(a)(S)(A) required CBP to search for records relevant to these parts of AIC's FOIA Request as set forth in the original request. See Exhibit D at 5'6. Specifically, AIC
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demonstrated that it had sufficiently described the records sought in parts eleven through fourteen by citing to parts of the original FOIA Request that limited and defined the term "misconduct." See id. AIC also indicated that even if common search parameters would not uncover incident reports, CBP still was obligated to search for responsive records since FOIA §552(a)(3)(D) defines a reasonable search to include both manual and automated review, and publicly available records showed that the number of relevant documents was small enough for CBP to search manually without undue burden. See Exhibit D at 6. See also Department of Homeland Security, Data on Complaints Received (January 28, 2011), http://www.dhs.gov/xaboutlstructure/gc_1280851127243.shtm (DHS statistics showing that only 113 complaints were filed against CBP from 2009 to 2010, demonstrating the small universe of documents potentially subject to manual review).
23. AIC further indicated, regarding documents CBP claimed were withheld due to "third party privacy laws," that 5 U.S.C. § 552(b) required CBP to produce the relevant portions of any such records with material subject to a FOIA exemption redacted. See Exhibit D at 6-7.
24. On October 13, 2011, CBP acknowledged receipt of AIC's appeal, indicating that it had been assigned to the FOIA Appeals, Policy and Litigation Branch. CBP's letter did not address the substance of AIC's appeal. A copy of CBP's October 13, 2011 letter is attached hereto as Exhibit E.
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25. Following CBP's October 13, 2011 letter, CBP's FOIA officer contacted AIC several times to inform AIC that CBP was in the process of conducting a search for additional documents. To date, however, AIC has received neither a substantive written response from CBP regarding its FOIA appeal nor any additional documents.
C. CBP Failed to Conduct an Adequate Search 26. CBP and DHS have not conducted a search reasonably calculated to
uncover all records responsive to AIC's FOIA request. 27. CBP acknowledged in its August 3, 2011 letter that it failed entirely to
conduct a search for documents responsive to parts eleven through fourteen of AIC's FOIA Request. See Exhibit C at 2.
28. CBP had no basis in law to fail altogether to search for documents responsive to parts eleven through fourteen. AIC's description of the documents requested in parts eleven through fourteen was sufficient for CBP to conduct a reasonable search. CBP had a duty to carry out a manual search if an automated search was not possible. Furthermore, CBP was obligated to search for responsive documents and then determine which, if any, documents or parts thereof were exempt from production, rather than to presume such exemption without carrying out a search. See 5 U.S.C. § 552(b) (agency must indicate any exemptions claimed regarding withheld records and provide any "reasonably segregable portion" of records subject to an exemption).
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29. Additionally, numerous facts strongly support the inference that CBP and DHS have failed to produce all available non"exempt records responsive to parts one through ten of AIC's FOIA Request.
30. DHS and CBP report that that CBP managed more than 600,000 voluntary returns in the time period governing AIC's FOIA Request. See Office of Immigration Statistics, U.S. Dept. of Homeland Security, 2010 Yearbook of Immigration Statistics 94 (August 2010), available at http://www.dhs.gov/xlibrary lassets/statistics/yearbook/201D/ois"yb_201O.pdf (reporting that 476,405 voluntary returns occurred in 2010 and most were comprised of Mexican nationals who were apprehended by CBP and returned to Mexico); Exhibit C at 7 (chart produced by CBP in response to AIC's FOIA Request indicating that CBP managed 662,485 voluntary returns of Mexican nationals between January 2009 and April 2011). Since the voluntary return program constitutes a major enforcement program that has resulted in hundreds of thousands of voluntary returns during the relevant time period, any reasonable search presumably would uncover more than two responsive records totaling four pages.
31. This presumption is supported by prior CBP FOIA productions, which show that CBP maintains numerous categories of documents related to enforcement programs, including records regarding individual removable/inadmissible noncitizens. See e.g., Stanford Legal Clinic, Deportation Without Due Process: Documents Obtained Through Freedom of Information Act Lawsuit About Federal Government's Stipulated Removal Program, Customs and Border Protection (July
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7, 2011), http://blogs.law.stanford.edu/stipulatedremova1l2011107/07/customs·and·
border-protection (CBP documents related to stipulated removals showing CBP
maintains categories of documents including Delegation Orders, policy documents,
training materials, video scripts of videos shown to apprehended individuals,
deportation guidelines, and individual records).
32. Moreover, publicly available documents related to the voluntary return
program and documents produced by CBP pursuant to prior FOIA litigation show
that CBP and DHS are in possession of numerous responsive records beyond the
two produced. For example, these documents demonstrate that the agency has
policies, procedures, and other records on voluntary returns and maintains records
related to individual voluntary returns. These documents include:
• The CBP field manual, which includes general instruction on enforcement operations including voluntary returns, see U.S. Customs and Border Protection, U.S. Dept. of Homeland Security, U.S. Customs and Border Protection Inspector's Field Manual (made publicly available via the internet on December 9, 2011) available at http://foia.cbp.gov/index.asp?ps=l& search=&category=Manuals_and_Instructions;
• Congressional testimony describing voluntary return as part of the "Consequence Delivery System" developed by CBP and ICE "designed to uniquely evaluate each subject [attempting illegal entry] and identify the ideal consequences to deliver to impede and deter further illegal activity," see Testimony of Michael J. Fisher, Chief, United States Border Patrol, U.s. Customs and Border Protection, Department ofHomeland Security, Before H. Comm. on Homeland Security Subcomm. on Border and Maritime Security (October 4, 2011) available at http://www.cbp.gov/xp/cgov/newsroom/ congressional_testlfisher_testimony.xml;
• A November 19, 2007 directive to CBP agents to document voluntary return cases in the "ENFORCE VR module, consistent with existing procedures in
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the ICE Detention and Removal Manual Section 14.8," attached hereto as Exhibit F;
• A May 8, 2006 memorandum from David V. Aguilar, Chief, U.S. Border Patrol, to all sector chief patrol agents providing procedures for the use of I826 Notice of Rights and Request for Disposition forms in voluntary departure cases and directing CBP agents to retain executed forms, attached hereto as Exhibit G; and
• A DHS report describing voluntary return as part of the "Endgame" multiyear strategic enforcement plan that was developed following nine months of analysis by twenty-three DHS officials, see Bureau of Immigration and Customs Enforcement, U.S. Dept. of Homeland Security, ENDGAME: Office of Detention and Removal Strategic Plan, 2003 - 2012: Detention and Removal Strategy for a Secure Homeland I-I to 1-6 (June 27, 2003) available at http://aclum.org/sites/alllfiles/educationlice/endgame.pdf.
See also 8 U.S.C. § 1232 (requiring DHS, inter alia, to develop policies and
procedures, create a repatriation pilot program, and provide a report to Congress on
issues regarding unaccompanied alien children, which would include voluntary
return).
33. Publicly available documents also show that CBP has records
regarding allegations of misconduct related to voluntary returns and can segregate
complaints against CBP agents into specific categories related to agent misconduct.
Illustrative documents include:
• Publicly available DHS data on complaints received against CBP agents, provided by year and by category, with categories that include "abuse of authority," "discrimination," "profiling," and "treatment," see Department of Homeland Security, Data on Complaints Received (January 28, 2011), http://www.dhs.gov/xabout/structure/gc_1280851127243.shtm;
• A DHS report providing information about two Significant Incident Reports and a CBP investigation of two unaccompanied minors in California who
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alleged CBP officers coerced them into signing voluntary return documents in December 2008, see Office for Civil Rights and Civil Liberties, U.S. Dept. of Homeland Security, Fiscal Year 2010 Annual and Consolidated Quarterly Reports to Congress 63 (Sept. 20, 2011) available at http://www.dhs.gov/xlibrary/assets/crcl-annual-report-fy-2010.pdf; and
• A December 2009 letter from the American Civil Liberties Union Foundation of San Diego & Imperial Counties ("ACLU") and the American Friends Service Committee ("AFSC"), to CBP requesting policy changes for the use of voluntary departure for unaccompanied minors following complaints that CBP effected involuntary voluntary returns of three unaccompanied minors in San Diego in May 2009, see Letter from Kevin Keenan, Exec. Director, ACLU, and Pedro Rios, San Diego Area Program Director, AFSC, to Michael J. Fisher, Chief Patrol Agent, U.S. Border Patrol, San Diego Sector (Dec. 10, 2009) available at http://aclusandiego.org/site/wp-content/uploads/article /Border%20Patrol%20Letter%20Requesting%20Policy%20Change%20Final12-09.pdf.
34. Based on the foregoing facts, CBP and DHS have wrongfully failed to
make reasonable efforts to search for responsive records and to release responsive
records to AIC.
CAUSE OF ACTION Violation of the Freedom of Information Act for Failure to Disclose Responsive
Records 35. AIC repeats, alleges, and incorporates the allegations in paragraphs 1-
34 as if fully set forth herein.
36. CBP is obligated under 5 U.s.C. § 552(a)(3) to conduct a reasonable
search for and to produce records responsive to AIC's FOIA Request. AIC has a
legal right to obtain such records, and no legal basis exists for CBP's failure to
search for and disclose them.
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37. CBP's failures to conduct a reasonable search for records responsive to Arc's request and to disclose responsive records violates 5 U.s.C. §§ 552(a)(3)(A), (a)(3)(C), and (a)(6)(A), as well as the regulations promulgated thereunder.
38. Unless enjoined by this Court, CBP will continue to violate Arc's statutory rights to receive records under FOIA.
39. AIC is entitled to obtain the requested records immediately at no cost. 40. AIC is entitled to reasonable costs of litigation, including attorneys' fees, pursuant to 5 U.S.C. § 552(a)(4)(E).
PRAYER FOR RELIEF WHEREFORE, Arc respectfully requests that this Court enter a judgment: a. Declaring that Defendants' refusal to conduct a reasonable search for records responsive to AIC's FOIA Request and refusal to disclose such records violated the FOIA; b. Ordering Defendants and any of Defendants' departments, divisions, components, other organizational structures, agents, or other persons acting by, through, for, or on behalf of Defendants to conduct a reasonable search for records responsive to Arc's FOIA Request; c. Enjoining Defendants and any of Defendants' departments, divisions, components, other organizational structures, agents, or other persons acting by, through, for, or on behalf of Defendants from withholding records responsive to Arc's FOIA Request and ordering them to promptly produce responsive records to Arc; d. Ordering Defendants to grant Arc a public interest fee waiver;
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e. Awarding AIC its reasonable attorneys' fees and costs pursuant to 5 U.S.C. § 552(a)(4)(E) and 28 U.S.C. § 2412; and
f. Granting all other such relief to AIC as the Court deems just and proper.

Dated: June 7, 2012

Respectfully submitted,
1:l~I~
Melissa Crow (#453487) mcrow@immcouncil.org AMERICAN IMMIGRATION COUNCIL 1331 G Street, NW, Suite 200 Washington, DC 20005 Telephone: (202) 507-7523 Fax: (202) 742-5619
Matthew J. Piers Illinois Bar No. 2206161 Pro Hac Vice Pending mpiers@hsplegal.com Caryn C. Lederer Illinois Bar No. 6304495 Pro Hac Vice Pending clederer@hsplegal.com HUGHES SOCOL PIERS RESNICK & DYM,LTD. 70 W. Madison Street, Suite 4000 Chicago, IL 60602 Telephone: (312) 580-0100 Fax: (312) 580-1994
Attorneys for PlaintiffAmerican Immigration Council

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Department of Homeland Security Bureau ofCustoms and Border Protection

Notice of Rights and Request for Disposition

Fi1e No: _ _ _ _ _ _ __ Nrune: _____________________________________________________________________

NOTICE OF RIGHTS
You have been arrested because immigration officers believe that you are illegally in the United States. You have the right to a hearing before the Immigration Court to determine whether you may remain in the United States. If you request a hearing, you may be detained in custody or you may be eligible to be released on bond, until your hearing date. In the alternative, you may request to return to your country as soon as possible, without a hearing.
You have the right to contact an attorney or other legal representative to represent you at your hearing, or to answer any questions regarding your legal rights in the United States. Upon your request, the officer who gave you this notice will provide you with a list of legal organizations that may represent you for free or for a small fee. You have the right to communicate with the consular or diplomatic officers from your country. You may use a telephone to call a lawyer, other legal representative, or consular officer at any time prior to your departure from the United States.

REQUEST FOR DISPOSITION

D I request a hearing before the Immigration Court to determine whether or not I may remain in the

Initials

United States

D I believe I face harm if I return to my country. My case will be referred to the Immigration Court

Initials

for a hearing.

D I admit that I am in the United States illegally, and I believe I do not face harm if I return to my

Initials

country. I give up my right to a hearing before the Immigration Court. I wish to return to my

country as soon as arrangements can be made to effect my departure. I understand that I may be

held in detention until my departure.

Signature of Subject

Date

CERTIFICATION OF SERVICE
D Notice read by subject
o Notice read to subject by -------------------- , in the ___________ language.

Name of Service Officer (Print) Signature of Officer

Name of Interpreter (Print)
Date and Time of Service Form 1-826 (4-J-97)N

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Department of Homeland Security Bureau ofCustoms and Border Protection

Notificacion de Derechos y Solicitud de Resolucion

App. Zone:_ __ Entry Zone:_ _ _ POB: _ _ _ DOB:___I____I_ __ A#

Nombre:

Father NOTIFICACION DE DERECHOS

Mother

Usted ha sido detenido porque el Servicio de Inmigracion opina que se encuentra en los Estados Unidos ilegalmente. Tiene derecho a una audiencia ante el Tribunal de Inmigracion, con el fin de decidir si puede permanecer en los Estados Unidos. En el caso de que Usted solicite esa audiencia, pudiera quedar detenido 0 tener derecho a la libertad bajo fianza hasta la fecha de la audiencia. Tiene la opcion de solicitar el regreso a su pais a la brevedad posible, sin que se celebre la audiencia.

Usted tiene derecho a comunicarse con un abogado u otro representante legal para que 10 represente en la audiencia, 0 para responder a cualquier pregunta acerca de sus derechos conforme a la ley en los Estados Unidos. Si Usted se 10 pide, el funcionario que Ie haya entregado esta Notificacion Ie dara una lista de las asociaciones juridicas que podrian representarlo gratuitamente 0 a poco costo. Tiene derecho a comunicarse con el servicio consular 0 diplomatico de su pais. Puede usar el telefono para Hamar a un abogado, 0 a otro representante legal, 0 a un funcionario consular en cualquier momenta anterior a su salida de los Estados Unidos.

Iniciates Iniciates Iniciates

SOLICITUD DE RESOLICION
0 Solicito una audiencia ante el Tribunal de Inmigraci6n Que resuelva si puedo 0 no permanecer
en los Estados Unidos.
D Considero que estaria en peligro si regreso a mi pais. Mi caso se trasladara al Tribunal de
Inmigraci6n para la celebraci6n de una audiencia.
D Admito que estoy ilegalmente en los Estados Unidos, y no considera que estaria en peligro si
regreso a mi pais. Renuncio a mi derecho a una audiencia ante el Tribunal de Inmigraci6n. Deseo regresar a mi pais en cuanto se pueda disponer mi salida. Entiendo que pudiera permanecer detenido hasta mi salida.

Firma del sujeto
CERTIFICATION OF SERVICE
D Notice read by subject D Notice read to subject by _ _ _ _ _ _ _ _ _ _ , in the Spanish

1 1
Fecha
language.

Name of Service Officer (Print) Signature of Officer

Name of Interpreter (Print)

1 1

hrs.

Date and Time of Service

Fonn 1-826 (4-1-97)N

Case 1:12-cv-00932 Document 1-5 Filed 06/07/12 Page 3 of 4

u.s. Department of Homeland Security

Notice of Rights and Request for Disposition

Alien's Name:

FINS Dr

A Number (If any): A..

Bvene No:

Your Rights. You have been arrested because Immigration Officers befietJe that you ate Illegally in the United States. When you are arrested in the United States you have certain rights. No one can take these rights away from you. This paper explains
your rights.

You have the right to use the tGlephanu. You may call your mother or father or any other adult relative. You may call your adult friend. If you do not know
how to use 8 telephone, the immigration agent will help you.

You have the right to be represented by a lawyer.

.

Attached to this paper is a list of lawyers who can talk to you, and help you, for free. A lawyer can fully explain all

your rights to you, and can represent you at a hearing.

You have the c1ght to a hearing before a Judge.
The judge will decide whether you must leave or whether you may stay in the United States. If for any reason you do Not want to go back to your country, or if you have any fears of retumlng, you should ask for a hearing before a judge.
If you do not want to have a hearing before a judge, you may choose to go back to your country without a hearing.

Reading this Notice:
I have reed this notice.
J This notice has been read to me.

Right to Use Telephone:
o I have contacted my parent(s) or a legal guardian by telephone. o I have contacted an adult friend or relative by telephone.
o I do not want to talk to anyone by telephone.

Completlon of the fonowing is optional: The person contacted Is: (RelationShip)
The person contacted is: (Neme)

oRight to be Representad by a LawyGt: I have spoken with a lawyer.
I II do not want to speak with a lawyer.

Right to a HearIng:
o I understand my right to a hearing before a Judge.
o I request a hearing before a judge.

Signature:

Date;

II do not want a hearing before a judge.
I am In the United States Illegally and ask that I be allowed to retum to my country, which is named below.

Signature:
Form r-no (08101/07) (Prior editIons may not be used)

Countly:_______- -_ _ _ _ _ _--1 Date:

Case 1: 12-cv-00932 Document 1-5 Filed 06/07/12 Page 4 of 4

INSTRUCTIONS TO OFFICERS

This advisal Is required to be given to all persons who are taken into custody and who appear. are known. or claim to be under the age of eighteen and who are not accompanied by one of their natural or lawful parents. No such person can be offered or permitted to depart voluntarily from the United States except after having been given this (lotiee.
The required procedure distinguishes between two classes of minors.
1) The first class are those minors apprehended in the immediate vicinity of the border and who pennanently reside In Canada or Mexico. These persons shall be informed that they have a right to make a telephone call to any of the persons mentioned in the notice.
The purpose of this can is so that they can seek advice
as to whether they should voluntarily depart or whether they should request a deportation hearing. We are required to make a record of any refusal to
accept our offer of a telephone can.
2) As to all other minors. they must not only be given access to a telephone, they must establish communication, telephonic or othetWlse, with one of the persons listed In the notir;$ before they can be offered voluntary departure.

The DHS retains the right to decide when to allOW telephone calls. The only prohibition is that the minor cannot be asked to voluntarily depart until after telephone access is provided. If the minor is not Offered voluntary departure but is put into deportation proceedings by Issuance of a Notice to Appear. this procedure is not necessary. It is ouf duty .to make reasonable efforts to contact the person of the minor's chOice. but after unsuccessful efforts to reach that person. we can facilitate contact with another such person. Whenever the minor elects to pursue a process. such as a call to a foreign country. which is operationally unacceptable, we can always proceed to issue a Notice to Appear.
The minor must tell the type of person that he/she talked to but need not give us that person's name of Identifying information. If a minor. of his/her own VOlition, asks to contact a consular officer, this will satlsfy the requirements of the notice.
The officer need not read the notice to the minor unless the minor is under 14 years of age. or unable to unders~nd the notice. The officer must ask the minor whether he/she wanted to make a can. whether a communication was made and. if made, to whom. The officer must also verify Whether the minor wanted voluntary departure or a hearing. and must sign and date the form to show this was done.

Officers are not to offer any advise to any minor as to what helshe shOUld or should not do.

To be completed by the Officer:
I verify that: _ _ _ _ _ _ _ _ _ _ _ _ _ _- _ _ A-

r 1.a. [ The subject named was given this notice to read.
b. i I read this notice to the name subject in the following language: _ _ _ _- _ _ _ _- _ __

2. 0 I asked this subject whether he/she wanted to make a telephone call. and offered assistance in the \.I$e of
the telephone.

3.a. 0 The subject told me that he/she did not want to meke a telephone call. or

0 b.

The subject told me that he/she established communication and the form was marked to indicate it;

c. 0 The subject was unable to establish telephone communication with the desired individual. The following

number of attempts were made: _o~_ _ _ _ _ _ _ _ _ _ _ _~_

R 4.a.

The subject requested a hearing.

b. J The subject admitted deportability end requested to return to his/her country voluntarily. without a

hearing.
S.S. 0 A Notice to Appear was Issued because. the subject was unable to establish contact with any of the

individuals specified after making the number of attempts indicated above (Item 3 c). end after assistance

to establish contact waS given or offered.

S~ nature of Officer Form 1-770 (08/01/07) (Prior editions may not be Used)

Page 2 of 2

Date

Case 1:12-cv-00932 Document 1-6 Filed 06/07/12 Page 1 of 5
COM\IlINITY EDUCATION CENTEB • 1\I~iICHATIO~ POLICY CE~TEH • I~TEnNATIONAL EXCHANCE CENTEH • LEGAL ACTION CENTEB
June 15,2011
VIA ELECTRONIC MAIL U.S. Customs and Border Protection FOIA Division 799 9th Street, NW, Mint Annex Washington, DC 20229-1181 CBPFOIA@dhs.gov
Re: Freedom of Information Act (FOIA) Reguest
Dear FOIA Officer:
The American Immigration Council (AIC) submits this letter as a request for information under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, et seq.
Reguest for Information
AIC requests disclosure of any and all records I that were prepared, received, transmitted, collected and/or maintained by the U.S. Department of Homeland Security (DHS) and/or U.S. Customs and Border Protection (CBP)2 that describe, refer or relate to CBP's enforcement operations and activities within 100 miles of the U.S.-Mexico border aimed at and/or resulting in voluntary returns of individuals to their countries of origin from January 2009 to the present. For purposes of this request, the term "voluntary returns" shall encompass grants of voluntary departure prior to the initiation of removal proceedings pursuant to 8 U.S.C. § 1229c(a).
The requested records include, but are not limited to, those describing, referring or relating to:
(1) How DHS and/or CBP agents decide to stop, arrest and/or detain individuals believed to be present in the United States in violation of the immigration laws.
(2) Guidance, guidelines, directives, rules, policies, procedures or other documents that address questioning of individuals apprehended by DHS and/or CBP agents.
I The term "records" as used herein includes all records or communications preserved in electronic or written form, including but not limited to correspondence, directives, documents, data, videotapes, audiotapes, e-mails, faxes, files, guidance, guidelines, standards, evaluations, instructions, analyses, memoranda, agreements, notes, orders, policies, procedures, protocols, reports, rules, technical manuals, training manuals, technical specifications, training materials or studies, including records kept in written form, or electronic format on computers and/or other electronic storage devices, electronic communications and/or videotapes, as well as any reproductions thereof that differ in any way from any other reproduction, such as copies containing marginal notations. 2 The term "CBP" as used herein means CBP headquarters offices, including any divisions, subdivisions or sections therein; CBP field operations offices, including any divisions, subdivisions or sections therein; CBP offices at ports ofentry, including any divisions, subdivisions or sections therein; and/or any other CBP organizational structures.
www.americanimmigrationcouncil.org
Suite 200, 1331 GStreet, N\V, Washington. DC 20005-3141·Telepholle: 202.507.7500· Fax: 202.742.5619

Case 1:12-cv-00932 Document 1-6 Filed 06/07/12 Page 2 of 5
(3) Criteria or other standards used by DHS and/or CBP agents to determine whether individuals they have apprehended are eligible for voluntary return;
(4) Guidance, guidelines, directives, rules, policies, procedures or other documents that address means of determining that individuals apprehended by DHS and/or CBP agents knowingly and voluntarily consent to voluntary return and knowingly and voluntarily waive their right to a hearing before an immigration judge and/or to any immigration relief for which they may be eligible.
(5) Guidance, guidelines, directives, rules, policies, procedures, instructions, memoranda or other documents regarding an agent's use of coercive tactics, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuade individuals apprehended by DHS and/or CBP to accept voluntary return.
(6) Any other guidance, guidelines, directives, rules, policies, procedures or other documents that address processing of individuals apprehended by CBP for voluntary return in lieu of removal.
(7) Guidance, guidelines, directives, rules, policies, procedures, or other documents that address means of ensuring that individuals who have signed Form 1-826, Notice of Rights and Request for Disposition, depart from the United States.
(8) Agreements, correspondence, or communications within and/or among CBP,
DHS, any of their agents, agencies, sub-agencies, or offices, and/or u.s.
Attorneys' Offices regarding the use of voluntary return in lieu of removal.
(9) Training materials used to educate CBP agents about the use of voluntary return in lieu of removal.
(10) From January 2009 to April 2011, the total number of voluntary returns of individuals to their countries of origin, the nationalities of individuals who agreed to voluntary return, and, if available, the number of voluntary returns per month.
(11) Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged misconduct by DHS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to documents relating to the alleged mistreatment of any individual while in CBP custody.
(12) Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged use of coercive tactics by DHS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuade individuals apprehended by DHS and/or CBP to accept voluntary return.
(13) Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBP, or another government agency regarding alleged misconduct by DHS or CBP agents within 100 miles of the
2

Case 1:12-cv-00932 Document 1-6 Filed 06/07/12 Page 3 of 5
U.S.-Mexico border, including but not limited to documents relating to the alleged mistreatment of any individual while in CBP custody.
(14) Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBP, or another government agency regarding alleged use of coercive tactics by DHS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuade individuals apprehended by DHS and/or CBP to accept voluntary return.
We request that records existing in electronic format be provided in electronic format or on a compact disc. If any of the requested records or information is not in a succinct format, we request the opportunity to view the documents in your offices.
If any of the information requested is considered exempt under applicable law, please describe in detail the nature of the information withheld, the specific exemption or privilege upon which the information is withheld and whether the portions of withheld documents containing non-exempt or non-privileged information have been provided.
Request for fee waiver
AIC requests that all fees associated with this FOIA request be waived. Under 5 U.S.C. § 552(a)(4)(A)(iii), fees may be waived where the requestor has demonstrated that (i) disclosure of the information is in the public interest in that it is likely to contribute significantly to public understanding of the operations or activities of the government; and (ii) disclosure of the information is not primarily in the commercial interest of the requestor.
AIC, a non-profit organization, educates citizens about the enduring contributions of America's immigrants, supports sensible and humane immigration policies that reflect American values, promotes the just and fair administration of our immigration laws, and protects the constitutional and legal rights of noncitizens. Through research, analysis and publications, AIC's Immigration Policy Center (lPC) provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy in U.S. society. The Legal Action Center (LAC) provides technical assistance to immigration lawyers across the country and engages in impact litigation, including appearing as amicus curiae before administrative tribunals and federal courts in significant immigration cases on targeted legal issues.
a. Disclosure ofthe Information is in the Public Interest
DHS considers four factors set forth in 6 C.F.R. § 5.1 1(k)(2) when determining whether disclosure ofthe information is in the public interest:
(1) "Whether the subject of the request concerns the 'operations or activities of the government, ' "
(2) "Whether the disclosure 'is likely to contribute' to an understanding of government operations or activities,"
3

Case 1:12-cv-00932 Document 1-6 Filed 06/07/12 Page 4 of 5
(3) "Whether disclosure of the requested information will contribute to 'public understanding'" as opposed to the individual understanding of the requestor or a narrow segment of interested persons; and .
(4) "Whether the disclosure is likely to contribute 'significantly' to public understanding of government operations or activities."
For a request to be considered in the public interest, all four criteria must be satisfied. Judicial Watch v. Dep't ofJustice, 365 F.3d 1108, 1126 (D.C. Cir. 2004).
The requested documents clearly concern identifiable "operations or activities" of the government. AIC seeks records related to the enforcement operations and activities ofCBP, a government agency, near and at the U.S.-Mexico border.
The request satisfies the second criterion because disclosure is likely to contribute to a better understanding of government operations or activities related to immigration enforcement and border security, including DHS and CBP's use of voluntary return in lieu of removal proceedings to effect the departure of unlawfully present noncitizens from the United States. AIC is not aware ofany documents providing information responsive to this FOIA request. Because this information is not already in the public domain, its release will significantly increase understanding ofDHS and CBP's enforcement practices.
Disclosure of the requested information also will contribute to "public understanding," as opposed to understanding of a narrow segment of interested persons. Release of this information to AIC will significantly advance the general public's understanding ofCBP's enforcement operations and activities. It is likely that a proper search in response to this request will reveal a large volume of responsive information. AIC has the capacity, legal expertise, and intention to review, analyze, and synthesize this information and make it accessible to a broad public audience. AIC plans to draft and disseminate a summary report of this information on our website, which contains immigration-related information and news and is accessible by any member of the public. AIC's website receives more than 58,000 monthly visitors, and information available on the website is shared and re-posted on other websites with large audiences, including Alternet, a website with 2.3 million monthly visitors. AIC also will circulate a summary of the information in the LAC newsletter, which is directly distributed to 12,000 recipients and available to the public on the AIC website. Finally, AIC will share this informati~n with our extensive contacts in the national print and news media.
The request satisfies the last criterion because disclosure of the requested information will contribute significantly to public understanding about CBP's enforcement practices in general and the agency's use of voluntary return in particular. This information will be particularly helpful to immigration attorneys who represent noncitizens who may be subject to stops, arrests, detention and/or questioning by CBP agents, the noncitizens themselves, nonprofit organizations interested in civil and/or human rights, and other members of the public who are concerned with immigration agency proceedings and policies.
4

Case 1:12-cv-00932 Document 1-6 Filed 06/07/12 Page 5 of 5
b. Disclosure ofthe Information Is Not Primarily in the Commercial Interest ofthe Requestor.
DHS considers two factors set forth in 6 C.F.R. § 5.11(k)(2) when determining whether disclosure of the information is in the public interest:
(1) "Whether the requester has a commercial interest that would be furthered by the requested disclosure," and
(2) "Whether any identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure," thereby rendering the disclosure "primarily in the commercial interest of the requester."
AIC is a 50 1(c)(3), tax-exempt, not-for-profit educational and charitable organization. AIC seeks the requested information for the purpose of disseminating it to the general public and not for the purpose of commercial gain. Like all other reports and information available on the AIC website, information about CBP's enforcement practices received in response to this FOIA request will be available to immigration attorneys, noncitizens and other interested members of the public free of charge.
Given that FOIA's fee waiver requirements are to "be liberally construed in favor of waivers for noncommercial requesters," a waiver of all fees is justified and warranted in this case. See Judicial Watch, Inc. v. Rossotti, 326 FJd 1309, 1312 (D.C. Cir. 2003). If you deny the fee waiver request, we respectfully ask for a limitation of processing fees pursuant to 5 U.S.C. § 552(a)(4)(A)(ii)(II).
Please inform us if the charges for this FOIA production will exceed $25.00. Thank you in advance for your timely response to this request. If you have any questions, please feel free to contact me at (202) 507-7523 or bye-mail at mcrow@immcouncil.org.
Melissa Crow Director, Legal Action Center American Immigration Council 1331 G Street, NW, Suite 200 Washington, DC 20005-3141 Tel: (202) 507-7523 Fax: (202) 742-5619 E-mail: mcrow@immcouncil.org
5

Case 1:12-cv-00932 Document 1-7 Filed 06/07/12 Page 1 of 7

1300 Pennsylvania Avenue NW Washington, DC 20229

August 3,2011

us. Customs and
Border Protection
D1S·2:0T:CTE:FD PH
201lF13090

Melissa Crow Director, Legal Action Center American Immigration Council 1331 G StreetNW, Suite 200 Washington, DC 20005

Dear Ms. Crow:

This is a partial response to your Freedom of Infonna!ion Act (FOIA) request to U.S. Customs and
Border Protection (CBP). You requested the following information:

I. How DHS andlor CBP agents decide to stop, arrest andlor detain individuals believed to be. pres~nt in the United States in violation of the immigration laws.

2. Guidance, guidelines, directives, rules, policies, procedures or other documents that address questioning of individuals apprehended by DHS andlor CBP agents.

3. Criteria or other standards used by DHS andlor CBP agents to detennine whether individuals they have apprehended are eligible for voluntary return.

4. Guidance, guidelines, directives, rules, policies, procedures. or other documents that addres~ means of determining that individuals apprehended 'by DHS and/or CBP agents knowingly and vol~ntarily consent to voluntary return and knowingly and voluntarily waive their right to a hearing before and immigration judge andlor to any immigration relief for which they may be eligible.

5. Guidance, guidelines, directives, rules, policies, procedures, instructions, memoranda or other documents regarding an agent's use or coercive tactics, including but not limited to the actual or threatened use of violence, sexual assault, andlor retaliation against family members to pel"sull\le indivjduals apprehended 'hy DHS and{or'CBP to accept ,voluntary..return.

_. "'_'" _ ._._.__....6......Any..oJher..guidance.,.guidelines,_dite.c.tlv.es.,.ad.es,. p.QI.i~ie.s~pr:Qc.e.d.u~s_Qr_.otbe.r..do~urotmts_tha.t.._......__.__ _.. __:

address processing of individuals apprehended by CBP for voluntary return in lieu of

.

removal.

7. Guidance, guidelines, directives, rules, policies, procedures, or other documents that address means of ensuring that individuals who have signed Form 1-826, Notice of Rights and Request for Disposition, depart from the United States.

8. Agreements, correspondence, or communications within andlor among.CBP, DHS, any of their agents, agencies, sub-agencies, or offices, and/or U.S. Attorneys' Offices regarding the use of voluntary return in lieu of removal.

9. Training materials used to educate CBP agents about the use of voluntary return in lieu of

. /
i

removal.

!

I

I
!

Exhibit C-1

!

Case 1:12-cv-00932 Document 1-7 Filed 06/07/12 Page 2 of 7

10. From January 2009 to April 201 1, the total number of voluntary returns of individuals to their countries of origin, the nationalities of individuals who agreed to voluntary return, and, if available, the number of voluntary returns per month.

I 1. Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged misconduct by DHS or CBP agents within 100 miles ofthe U.S.Mexico border, including but not limited to documents relating to the alleged mistreatment of any individual while in CBP custody.

12. Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged use of coercive tactics by DHS or CBP agents within 100 miles of the U.S.·Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, andlor retaliation a'gainst family members to persuade individuals apprehended by DHS andlor CBP to accept voluntary return.

13. Memoranda, reports, con:espondence,communications,or other documents regarding investigations undertaken by DRS, CBP, or another government agency regarding 'alleged misconduct by DRS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to documents relating to the aJ]eged mistreatment of any individual while in CBP custody.

14. Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBP, or another government agency regarding alleged use of coercive tactics by DRS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, andlor retaliation against family members to persuade individuals apprehended by DHS andlor CBP to accept voluntary return.

Please note that we will be unable to respond to parts 11 through 14 of your request as currently ~onstructed. The tenn "misconduct" as used by CBP applies to all incidents that are a violation of the ruJes and regulations of CBP; you will need to be more specific as to the type of misconduct you are interested in. Further, please note that reports are primarily retrieved via name, date of birth, SSN or other personal identifiers specific to the employee. We are unable to pull statistical information such as "allegations of coercive tactics by agents". Please also note that these reports are not sorted ......... - _...._._._...._.b._y__t_it_le._; w_e_c_an_.n_o._t _re..q_.u._e..s_t.."_a__ll__B...o._rd._e.r.__P_ a- tr_o_l_.A.....g_e_n.. _t__r.e.p_or_t_sa".- _ .. _. __a._......- _. ___ .__... __a._....___._..... _._ .._...... __...__.- ._..oj:

At this time, parts 11 through 14 ofyour request are considered unperfected. If you do have the

·

names of individuals involved in these reports, you will need to provide written consent from those

individuals for us to release records, per third party privacy laws.

.

CBP is including four pages of records responsive to your request in this response. CBP has determined that three pages of records are fully releasable and responsive to part 10 of your request. We have also included one additional page with limited redactions, pursuant to Title 5 U.S.C. § 552
(b)(6) and (b)(7)(C).

Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unw~rranted invasion of personal privacy. This requires a baJancing of
the public's right to disclosure against the individual's right privacy. [The types ofdocuments and/or

Exhibit C-2

Case 1:12-cv-00932 Document 1-7 Filed 06/07/12 Page 3 of 7

information that we have withheld may consist ofbirth certificates, naturalization certificates, driver license, social security numbers, home addresses, dales o/birth, or various other documents and/or information belonging to a third party that are consideredpersonal.] The privacy interests ofthe individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test.
Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note ofthe strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition ofstrong privacy interest in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is.ordinarily appropriate.
You have a right to appeal our withholding determination. Should you wish to do so, you must send your appeal and a copy of this letter, within 60 days ofthe date oftbis letter, to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 799 Ninth Street, NW, 5th Floor, Washington, DC 20229-1179, following the procedures outlined in the DHS regulations at Title 6 C.P.R. § 5.9. Your envelope and letter should be marked "FOIA Appeal." Copies ofthe FOrA and DHS regulations are available at www.dhs.gov/foia.
The Office of Goverrunent Information Services (OOIS) also mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting .access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. If you wish to contact 00I8, you may email tbem at ogis@nara.gov or call (877) 684-6448.
This office may be reached at (202) 325-0150. Please notate file number2011F13090 on any future correspondence to CBP related to this request.
i
..-...-.-~~ .._.._.. _.- .......... - .. _.....-._..-._. - ..........._.............. --_._...._._._.....1

1~#

Dorothy Pullo Director, FOIA Division

Office of International Trade

Enclosure(s)

i
I
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i
j
i
i
I

Exhibit C-3

Case 1:12-cv-00932 Document 1-7 Filed 06/07/12 Page 4 of 7

OBP IO.9-C
JUN '72009

1300 Penns)'h'ania Avenue NW Washington. DC 20229
us. Customs and
Border Protection

MEMORANDUM FOR: FROM:

All Chief Patrol Agents

All Division Chiefs

(hl(6).(b)(711C1

----------_ _ ...... . _ - - - - -

David V. Aguilar -- - ~ ~

~ -

--

.... - - ~ -

-

-- -- --~-

Chief

U.S. Border Patrol

SUBJECT:

Juvenile Processing Guidance

The U.S. Border'Patrol takes great strides to ensure that all subjects are adequately cared for while in our custody and that a1l juveniles, including unaccompanied alien children: are treated with dignity, respect, and special concern for their particular wlnerabilities. The Border Patrol currently processes, detains, and cares for juveniles, including unaccompanied alien children, based upon guidelines and requirements set forth in the 1997 Flores v. Reno Settlement Agreement, the Homeland Security Act of2002, the Border Patrol Hold Room and Short Tenn Detention Policy, the Trafficking Victim's Protection Reauthorization Act of20081nterirn Guidance, and Customs and Border Protection Form 93 "Unaccompanied Alien Child Screening Addendum."

Agents must familiarize themselves with these policies and procedures. Adherence to these guidelines will safeguard the welfare ofjuveniles and ensure processing efficiency.

Timely arid accurate recording ofjuvenile apprehension, processing, and detention are critical to mission success. Supervisors shall review and approve processing fonns and juvenile disposition prior to transfer or removal. As indicated in the Border Patrol Handbook, Chapter 22, Preparation and Distribution of Fonns and Reports, "Border Patrol Agents are responsible for the accuracy ofany forms or reports they submit. Supervisors are accountable for any reports or fonns they forward, regardless ofwhether their signa~ure or initials are required."

... ·--·--·----·-----stBffRij~~~~~~cliref'

'oinrsOtrpuecrtaiotTnso.ns'-'-" -. -- .. -_. --_.-- -I1

Exhibit C-4

Case 1:12-cv-00932 Document 1-7 Filed 06/07/12 Page 5 of 7
u.s. Border Patrol Voluntary Returns
January 2009 - April 2011
Data includes Deportable Aliens Only Data Source: EID (unofficial) as of 7/14111

- _ - -.. ....---.~ ........- .....~... _.........-.. ........ ............

... .. . '

Page 1 of 3

...... _.,
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Exhibit C-5

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Case 1:12-cv-00932 Document 1-7 Filed 06/07/12 Page 6 of 7

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i

• ....

. _ • •_ _ . . . . . . . . . ._ • • • _ _ • • • 0- . . . . . . _ . , . _. . . . ~._ • • • • • • ~

.................. .-.

". _ . . . . . . _._ • • _ . . . . . . . . -

~.,

•••

_ .............._.

__

......._

_....... -........ -.- ..- _. .... .j

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- - . . . . . . . - _ • • • • • • • • •0

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Page 2 of3

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Exhibit C-6

Case 1:12-cv-00932 Document 1-7 Filed 06/07/12 Page 7 of 7

Page 3 of 3

Exhibit C-7

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 1 of 21

HUGHES'" SOCOL + PIERS. RESNICK -+- DYM, LTD.

Matthew J. Piers Direct Line: 312.604.2606 Direct Fax: 312.604.2607 E·mail: mpiers@hsplegal.com

September 26, 2011

VIA OVERNIGHT MAIL FOIA Appeals U.S. Customs and Border Protection 799 Ninth Street, NW, Mint Annex Washington, DC 20229-1179
Re: Freedom of Information Act Request Reference Number 2011F13090, Freedom of Information Act Appeal
Dear Sir or Madam:
We represent the American Immigration Council (Ale) with regard to the abovereferenced matter. On June 15,2011, AlC submitted a FOIA request to U.S. Customs and Border Patrol (CBP), requesting records that describe, refer or relate to CBP's enforcement operations and activities within 100 miles of the U.S.-Mexico border aimed at andlor resulting in voluntary returns of individuals to their countries of origin from January 2009 to the present (the "AlC Request," attached as Exhibit A). On August 3, 2011, CBP responded to AlC's FOIA request in a letter signed by Dorothy Pullo, Director, FOIA Division, Office of International Trade (the "CBP Response," attached as Exhibit B). This letter is an appeal of CBP's adverse determination, pursuant to FOIA, 5 U.S.C. § 552 and 6 C.F.R. § 5.9. This appeal is filed within 60 days of CBP's August 3, 2011 letter, pursuant to 6 C.F.R. § 5.9.
AlC's Request identified fourteen, non-exhaustive categories of records that would be responsive to its request. See Exhibit A at 1-3.
Specifically, AlC indicated that responsive records would include but not be limited to, records describing, referring, or relating to:
(1) How DHS and/or CBP agents decide to stop, arrest and/or detain individuals believed to be present in the United States in violation of the immigration laws.
(2) Guidance, guidelines, directives, rules, policies, procedures or other documents that address questioning of individuals apprehended by DRS andlor CBP agents.

70 West Madison Street • Suite 4000 • Chicago. Illinois 60602 • rei 312580.0100 • Fax 312.5801994 • www.hsplegal.com

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 2 of 21
HUGHES" SOCOL ~ PIERS. RESNICK + DVM, LTD.
ForA Appeals. Policy and Litigation Branch U.S. Customs and Border Protection September 26. 2011 Page 2
(3) Criteria or other standards used by DHS and/or CBP agents to determine whether individuals they have apprehended are eligible for voluntary return;
(4) Guidance, guidelines, directives, rules, policies, procedures or other documents that address means of determining that individuals apprehended by DHS and/or CBP agents knowingly and voluntarily consent to voluntary return and knowingly and voluntarily waive their right to a hearing before an immigration judge and/or to any immigration relief for which they may be eligible.
(5) Guidance, guidelines, directives, rules, policies, procedures, instructions, memoranda or other documents regarding an agent's use of coercive tactics, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuade individuals apprehended by DRS and/or CBP to accept voluntary return.
(6) Any other guidance, guidelines, directives, rules, policies, procedures or other documents that address processing of individuals apprehended by CBP for voluntary return in lieu of removaL
(7) Guidance, guidelines, directives, rules, policies, procedures, or other documents that address means of ensuring that individuals who have signed Form 1-826, Notice of Rights and Request for Disposition, depart from -the United States.
(8) Agreements, correspondence, or communications within and/or among CBP, DHS, any of their agents, agencies, sub-agencies, or offices, and/or U.S. Attorneys' Offices regarding the use of voluntary return in lieu of removal.
(9) Training materials used to educate CBP agents about the use of voluntary return in lieu of removal.
(10) From January 2009 to April 2011, the total number of voluntary returns of individuals to their countries of origin, the nationalities of individuals who agreed to voluntary return, and, if available, the number of voluntary returns per month.
(11) Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged misconduct by DHS or CBP agents within 100 miles of the U.S.-Mexico border, including but not

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 3 of 21
HUGHES" SOCOL .. PIERS ~ RESNICK" DVM, LTD.
FOIA Appeals. Policy and Litigation Branch U.S. Customs and Border Protection September 26, 2011 Page 3
limited to documents relating to the alleged mistreatment of any individual while in CBP custody.
(12) Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged use of coercive tactics by DRS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuade individuals apprehended by DHS andlor CBP to accept voluntary return.
(13) Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBP, or another government agency regarding alleged misconduct by DHS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to documents relating to the alleged mistreatment of any individual while in CBP custody.
(14) Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBP, or another government agency regarding alleged use of coercive tactics by DRS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, andlor retaliation against family members to persuade individuals apprehended by DHS and/or CBP to accept voluntary return.
In its response, CBP provided four pages of records relevant to parts 1 through 10 of AlC's Request. CBP also indicated that it was "unable to respond to parts 11 through 14" of AlC's Request because: (1) the "term 'misconduct' as used by CBP applies to all incidents that are a violation of the rules and regulations of CBP" and AlC was not sufficiently specific as to the "type of misconduct [it was] interested in"; (2) reports are "primarily retrieved via name, date of birth, SSN or other personal identifiers specific to the employee," and responsive records could not be retrieved unless AlC provided specific names of individuals involved in responsive reports; and (3) written consent is required from those individuals "involved in [responsive] reports...per third party privacy laws." Exhibit B at 2.
CBP has failed to provide to AlC a vast number of records that are relevant to AlC's Request and releasable under FOIA. A1C now appeals CBpts unfounded adverse determina tion.

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 4 of 21
HUGHES + SOCOL + PI ERS'" RESNICK'" DVM, LTD.
FOIA Appeals. Policy and Litigation Branch U.S. Customs and Border Protection September 26. 2011 Page 4
I. CBP DID NOT CONDUCT AN ADEQUATE SEARCH.
CBP did not conduct an adequate search for records responsive to AlC's comprehensive request for information regarding CBP's enforcement operations and activities related to voluntary returns.
An agency must carry out a reasonable search for records responsive to a FOIA request. See Oglesby u. Army, 920 F.2d 57, 68 (D.C. Cir. 1990). It must show that its search was reasonably calculated to uncover relevant documents. Steinberg u. U.S. Dept. of Justice, 23 F.3d 548,551 (D.C. Cir. 1994); see also Concepcion u. U.S. Custonts and Border Protection, 767 F.Supp.2d 141, 145 (D.D.C. 2011) ("An agency must search for documents in good faith, using methods that are reasonably expected to produce the requested information.").
CBP has produced only four pages of records in response to AlC's Request - a policy memorandum dated June 17, 2009 providing "Juvenile Processing Guidance," and a chart listing the number of voluntary returns, by country, conducted by CBP from January 2009 to April 2011. This limited production makes clear that CBP did not conduct a search reasonably calculated to uncover relevant documents.
The Department of Homeland Security reports that 476,405 voluntary returns occurred in 2010, and that most were comprised of Mexican nationals who were apprehended by CBP and returned to Mexico. See Office of Immigration Statistics, U.S. Dept. of Homeland Security, 2010 Yearbook of Intmigration Statistics 94 (August 2010), auailable at http://www.dhs.gov/xlibrary/assets/statistics/yearbookl2010/0isJb_2010.pdf. The chart
produceaWiTh-CBP'g R-espoilse- appears to iridicate that CBP coordiriiited- 662~485
voluntary returns of Mexican nationals between January 2009 and April 2011. See Exhibit B, U.S. Border Patrol Voluntary Returns: January 2009-April 2011 at 3. Given the large number of voluntary returns that CBP manages each year and the significant resources that enforcement operations and activities related to the process must require, it is simply impossible that CBP undertook a reasonable search and determined that only two documents, comprising four pages of records, were responsive to AlC's Request.
Moreover, AlC's request for "records" related to voluntary returns encompasses all records or communications preserved in electronic or written form, including but not limited to: correspondence, directives, documents, data, videotapes, audiotapes, emails, faxes, files, guidance, guidelines, standards, evaluations, instructions, analyses, memoranda, agreements, notes, orders, policies, procedures, protocols, reports, rules, technical manuals, training manuals, technical specifications, training materials or studies, including records kept in written form, or electronic format on computers and/or other electronic storage devices, electronic communications and/or videotapes.

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 5 of 21
HUGHES + SOCOL + PIERS + RESNICK +DVM, LTD.
FOIA Appeals, Policy and Litigation Branch U.S. Customs and Border Protection September 26, 2011 Page 5
CBP's response is conspicuously missing a variety of these documents including guidance, guidelines, directives, rules, policies, procedures, training materials, and correspondence related to the fourteen categories of records explicitly identified in the AlC Request. In addition, publicly available agency documents regarding CBP's operations and activities related to stipulated removals show that CBP has failed to provide specific types of agency documents which it has produced in the past, such as Delegation Orders, training presentation documents, deportation guidelines, and individual case records including completed Record of Deportabiellnadmissible Alien forms, Records of Action, Enforcement Responses, and legal documents. See Stanford Legal Clinic, Deportation Without Due Process: Documents Obtained Through Freedom of Information Act Lawsuit About Federal Gouernment$ Stipulated Rentoual Program (Sept. 1, 2010), available at http://blogs.law.stanford.edulstipulatedremoval (providing 124 pages of documents produced by CBP related to stipulated removals).
This makes clear CBP could not have undertaken a reasonable search. See Concepcion u. U.S. Custonts and Border Protection, 767 F.Supp.2d 141, 146 (D.D.C. 2011) (Uto demonstrate the adequacy of its search, CBP must show that it searched all fues likely to contain records responsive to the plaintiffs request" (emphasis added».
II. CBP ERRED FACTUALLY AND LEGALLY IN DETERMINING THAT PARTS 11-14 OF THE REQUEST WERE "UNPERFECTED."
CBP's failure to undertake a reasonable search of its records is underscored by its discussion of, and rationale for, failing to release relevant CBP incident reports related to parts 11 through 14 of the AlC Request, which it claims are "unperfected." CBP maintains that it cannot produce incident reports to AlC because such records are "primarily retrieved" by employee personal identifiers and A1C has not provided CBP with sufficient information to search for relevant records (such as the names of CBP employees involved in potentially relevant incidents). Exhibit B at 2. CBP also contends that AlC has inadequately described the type of incident reports it seeks and must more specifically define "the type of misconduct [AIC is] interested in." Id. To the contrary, A1C has reasonably described the records it seeks, and thus CBP is obligated to produce them. See 5 U.S.C. § 552(a)(3)(A) (records must be made available "upon any request" which "reasonably describes such records").
Despite CBP's contention, AlC has provided information sufficient for CBP to uncover incident reports relevant to AlC's requests. The term "misconduct" (which only appears in parts 11 and 13 of the AlC Request), is not overly broad given that AlC has limited its request to "CBP enforcement operations and activities within 100 miles of the U.S.-Mexico border aimed at and/or resulting in voluntary returns of individuals to their countries of origin from January 2009 to the present." See Exhibit A at 1. Furthermore, AlC's Request makes clear that it seeks, at the very least, records, including but not limited to reports related to the "alleged mistreatment" of individuals

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 6 of 21
HUGHES + SOCOL + PIERS+ RESNICK+DYM, LTD.
FOIA Appeals, Policy and Litigation Branch U.S. Customs and Border Protection September 26, 2011 Page 6
in CBP custody, and "the actual or tlu-eatened use of violence, sexual assault, andlor retaliation against family members to persuade individuals apprehended by DHS andlor CBP to accept voluntary return." See Exhibit A at 2-3.
While CBP may "primarily retrieveO" its reports by employee personal identifiers, it has an obligation under FOIA to conduct a reasonable search of its records. A mere recitation of common search parameters does not constitute a re"asonable search. See W. Ctr. For Journalism v. Internal Revenue Serv., 116 F.Supp.2d 1, 8 (D.D.C. 2000) (an agency's search need not be exhaustive but it must be reasonable); 5 U.S. C. § 552(a)(3)(D) ("the term 'search' means to review, m~nually or by automated means, agency records for the purpose of locating those records which are responsive to a request"). Further, as Department of Homeland Security statistics show that in 2009 and 2010 a total of only 113 complaints were filed against CBP, the uIuverse of relevant records which CBP must review and pote~ti~lly produce is not· unduly burdensome. See U.S. Department of Homeland Security, Data on Con1,plaints Received (January 28, 2011), available at http://www.dhs.gov/xabout/structure/gc_1280851127243.shtm (listing the number of complaints filed against CBP each year from 2003 to 2010 on issues including "abuse of authority," "discrimination," "profiling," and "treatment").
AlC has provided sufficient information for CBP to search its incident reports, either manually or via search terms, and FOIA requires it to do so.
III. CBP MUST PRODUCE ALL RESPONSIVE, NON-EXEMPT INFORMATION IN ITS POSSESSION THAT IS NOT ALREADY IN THE PUBLIC DOMAIN.
CBP-has an obligation to provine all relevailt, non-exempt matel~iEll tha.t a-
reasonable search uncovers. See 5 U.S.C. § 552(a)(3). As discussed above, a reasonable search of CBP's records incontrovertibly would reveal more information than CBP has produced. If CBP has declined to provide responsive records because it believes that such records meet the criteria for exemptions set forth in 5 U.S.C. § 552(b), AlC requests that CBP provide it with a complete list of responsive documents along with a specific indication of any material withheld and the exemption(s) that CBP claims is applicable so that AlC may respond to such contentions with specificity.
In addition, CBP's assertion that AlC must provide written consent from any individuals "involved in" CBP reports before CBP can release records, "per third party privacy laws," see Exhibit B at 2, is in error. FOIA requires CBP to produce the relevant portions of records with any exempt material redacted. 5 U.S.C. § 552(b) ("[a]ny reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt"); Abdelfattah u. U.S. Dept. of Honteland Sec., 488 F.3d 178, 186 (3d Cir. 2007) ("An agency cannot justify withholding an entire document simply by showing that it contains some exempt

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 7 of 21
HUGHES" SOCOL. PIERS+ RESNICK+DYM, LTD.
FOIA Appeals, Policy and Litigation Branch U.S. Customs and Border Protection September 26, 2011 Page 7
material") (citations omitted). This principle encompasses the type of private information that CBP has stated may be present in incident reports. See 5 U.S.C. § 552(b) (exemptions related to private information encompassed by segregation requirement); see also Exhibit B (discussing the Juvenile Processing Guidance that was produced in the CBP Response with private information redacted pursuant to exemptions set forth at 5 U.S.C. § 552(b)(6) and (b)(7)(C».
Please provide a response to this appeal within twenty (20) business days stipulated by 5 U.S.C. § 552(a)(6)(A)(ii).
Thank you for your attention to this matter. Please contact me at (312) 6042606, or by email atmpiers@hsplegal.com. if you have any questions or would like any clarification of the requests above.
Sincerely,
1;JJrt~
Matthew J. Piers
Imjp

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 8 of 21
EXHIBIT A

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 9 of 21
I AMERICAN IMMIGRATION COUNCIL
CO~I~llINln' EIW(:ATlON C[;\TER • ]~.J.\IIGHATlO.~ POLICY CE~TEH • ISTER:\:\TI 0\..\ I. EXC":\~f;E CL\Tf.1t . I.EG;\I. :\CTtO\ CE\TElI
June 15,2011
VIA ELECTRONIC MAIL U.S. Customs and Border Protection FOIA Division 799 9th Street, NW, Mint Annex Washington, DC 20229-1181 CBPFOIA@dhs.gov
Re: Freedom of Information Act (FOrA) Reguest
Dear FOIA Officer:
The American Immigration Council (AIC) submits this letter as a request for information under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, el seq.
Reguest for Information
AIC requests disclosure of any and all records I that were prepared, received, transmitted, collected and/or maintained by the U.S. Department of Homeland Security (DHS) and/or U.S. Customs and Border Protection (CBP)2 that describe, refer or relate to CBP's enforcement operations and activities within 100 miles of the U.S.-Mexico border aimed at and/or resulting in voluntary returns of individuals to their countries of origin from January 2009 to the present. For purposes of this request, the term "voluntary returns" shall encompass grants of voluntary departure prior to the initiation of removal proceedings pursuant to 8 U.S.C. § 1229c(a).
The requested records include, but are not limited to, those describing, referring or relating to:
(I) How DHS and/or CBP agents decide to stop, arrest and/or detain individuals believed to be present in the United States in violation of the immigration laws.
(2) Guidance, guidelines, directives, rules, policies, procedures or other documents that address questioning of individuals apprehended by DHS and/or CBP agents.
I The term "records" as used herein includes all records or communications preserved in electronic or written form, including but not limited to correspondence, directives, documents, data, videotapes, audiotapes, e-mails, faxes, files, guidance, guidelines, standards, evaluations, instructions, analyses, memoranda, agreements, notes. orders, policies, procedures, protocols. reports, rules, technical manuals, training manuals. technical specifications. training materials or studies, including records kept in written form. or electronic format on computers and/or other electronic storage devices. electronic communications and/or videotapes. as well as any reproductions thereof that differ in any way from any other reproduction, such as copies containing marginal notations. 2 The term "CBP" as used herein means CBP headquarters offices, including any divisions. subdivisions or sections therein; CBP field operations offices. including any divisions, subdivisions or sections therein; CBP offices at ports of entry. including any divisions, subdivisions or sections therein; and/or any other CBP organizational structures.
www.americanimmigrationcouncil.org
Suite 200.1331 CSireet, NW, Washinhrtoll. DC 2000S·3HI •Telephone: 202.507.7500· fa~: 202.742.5619

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 10 of 21
(3) Criteria or other standards used by DHS and/or CBP agents to determine whether individuals they have apprehended are eligible for voluntary return;
(4) Guidance, guidelines, directives, rules, policies, procedures or other documents that address means of determining that individuals apprehended by DHS and/or CBP agents knowingly and voluntarily consent to voluntary return and knowingly and voluntarily waive their right to a hearing before an immigration judge and/or to any immigration relief for which they may be eligible.
(5) Guidance, guidelines, directives, rules, policies, procedures, instructions, memoranda or other documents regarding an agent's use of coercive tactics, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuade individuals apprehended by DHS and/or CBP to accept voluntary return.
(6) Any other guidance, guidelines, directives, rules, policies, procedures or other documents that address processing of individuals apprehended by CBP for voluntary return in lieu of removal.
(7) Guidance, guidelines, directives, rules, policies, procedures, or other documents that address means ofensuring that individuals who have signed Form 1-826, Notice of Rights and Request for Disposition, depart from the United States.
(8) Agreements, correspondence, or communications within and/or among CBP, DHS, any of their agents, agencies, sub-agencies, or offices, and/or U.S. Attorneys' Offices regarding the use of voluntary return in lieu of removal.
(9) Training materials used to educate CBP agents about the use of voluntary return in lieu of removal.
(10) From January 2009 to April 20 II, the total number of voluntary returns of individuals to their countries of origin, the nationalities of individuals who agreed to voluntary-return, and, if-available, the number of voluntary returns per month.
(II) Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged misconduct by DHS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to documents relating to the alleged mistreatment of any individual while in CBP custody.
(12) Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged use ofcoercive tactics by DHS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuade individuals apprehended by DHS and/or CBP to accept voluntary return.
(13) Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBP, or another government agency regarding alleged misconduct by DHS or CBP agents within 100 miles of the
2

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 11 of 21
U.S.-Mexico border, including but not limited to documents relating to the alleged mistreatment of any individual while in CBP custody.
(14) Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBP, or another government agency regarding alleged use ofcoercive tactics by DHS or CBP agents within 100 miles of the U.S.-Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuade individuals apprehended by DHS and/or CBP to accept voluntary return.
We request that records existing in electronic format be provided in electronic format or on a compact disc. If any of the requested records or information is not in a succinct format, we request the opportunity to view the documents in your offices.
[fany of the information requested is considered exempt under applicable law, please describe in detail the nature of the information withheld, the specific exemption or privilege upon which the information is withheld and whether the portions of withheld documents containing non-exempt or non-privileged information have been provided.
Reguest for fee waiver
AIC requests that all fees associated with this FOIA request be waived. Under 5 U.S.C. § 552(a)(4)(A)(iii), fees may be waived where the requestor has demonstrated that (i) disclosure of the information is in the public interest in that it is likely to contribute significantly to public understanding ofthe operations or activities of the government; and (ii) disclosure of the information is not primarily in the commercial interest of the requestor.
Ale, a non-profit organization, educates citizens about the enduring contributions of America's immigrants, supports sensible and humane immigration policies that reflect American values, promotes the just and fair administration of our immigration laws, and protects the constitutional and legal rights of noncitizens. Through research, analysis and publications, AIC's Immigration Policy Center (IPC) provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy in U.S. society. The Legal Action Center (LAC) provides technical assistance to immigration lawyers across the country and engages in impact litigation, including appearing as amicus curiae before administrative tribunals and federal courts in significant immigration cases on targeted legal issues.
a. Disclosure ofthe Information is in the Public Interest
DHS considers four factors set forth in 6 C.F.R. § 5.11 (k)(2) when determining whether disclosure of the information is in the public interest:
( I) "Whether the subject of the request concerns the 'operations or activities of the government, ' "
(2) "Whether the disclosure 'is likely to contribute' to an understanding of government operations or activities,"
3

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 12 of 21
(3) "Whether disclosure of the requested information will contribute to 'public understanding'" as opposed to the individual understanding of the requestor or a narrow segment of interested persons; and
(4) "Whether the disclosure is likely to contribute 'significantly' to public understanding of government operations or activities."
For a request to be considered in the public interest, all four criteria must be satisfied. Judicial Walch v. Dep'l ofJustice, 365 F.3d 1108, 1126 (D.C. Cir. 2004).
The requested documents clearly concern identifiable "operations or activities" of the government. AIC seeks records related to the enforcement operations and activities ofeBP, a government agency, near and at the U.S.-Mexico border.
The request satisfies the second criterion because disclosure is likely to contribute to a better understanding of government operations or activities related to immigration enforcement and border security, including DHS and CBP's use of voluntary return in lieu of removal proceedings to effect the departure of unlawfully present noncitizens from the United States. Ale is not aware of any documents providing information responsive to this FOIA request. Because this information is not already in the public domain, its release will significantly increase understanding of DHS and CBP's enforcement practices.
Disclosure of the requested information also will contribute to "public understanding," as opposed to understanding ofa narrow segment of interested persons. Release of this information to Ale will significantly advance the general public's understanding ofeBP's enforcement operations and activities. It is likely that a proper search in response to this request will reveal a large volume of responsive information. Ale has the capacity, legal expertise, and intention to review, analyze, and synthesize this information and make it accessible to a broad public audience. AIC plans to draft and disseminate a summary report of this information on our website, which contains immigration-related information and news and is accessible by any member of the public. Ale's website receives more than 58,000 monthly visitors, and information available on the website is shared and re-posted on other websites with large audiences, including Alternet,-a website-with 2.3 million monthly visitors. Ale also will circulate a summary of the information in the LAC newsletter, which is directly distributed to t2,000 recipients and available to the public on the AIC website. Finally, Ale will share this information with our extensive contacts in the national print and news media.
The request satisfies the last criterion because disclosure of the requested information will contribute significantly to public understanding about CBP's enforcement practices in general and the agency's use of voluntary return in particular. This information will be particularly helpful to immigration attorneys who represent noncitizens who may be subject to stops, arrests, detention and/or questioning by CBP agents, the noncitizens themselves, nonprofit organizations interested in civil and/or human rights, and other members of the public who are concerned with immigration agency proceedings and policies.
4

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 13 of 21
b. Disclosure ofthe Information Is Not Primarily in the Commercia/Interest ofthe Requestor.
DHS considers two factors set forth in 6 C.F.R. § 5.11(k)(2) when determining whether disclosure of the information is in the public interest:
(I) "Whether the requester has a commercial interest that would be furthered by the requested disclosure," and
(2) "Whether any identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure," thereby rendering the disclosure "primarily in the commercial interest ofthe requester."
AIC is a 50 1(c)(3), tax-exempt, not-for-profit educational and charitable organization. AIC seeks the requested information for the purpose of disseminating it to the general public and not for the purpose of commercial gain. Like all other reports and information available on the Ale website, information about eBP's enforcement practices received in response to this FOIA request will be available to immigration attorneys, noncitizens and other interested members of the public free of charge.
Given that FOIA's fee waiver requirements are to "be liberally construed in favor of waivers for noncommercial requesters," a waiver of all fees is justified and warranted in this case. See Judicial Watch, Inc. v. ROSSOlli, 326 F.3d 1309, 1312 (D.C. Cir. 2003). Ifyou deny the fee waiver request, we respectfully ask for a limitation of processing fees pursuant to 5 U.S.C. § 552(a)(4)(A)(ii)(II).
Please inform us if the charges for this FOIA production will exceed $25.00. Thank you in advance for your timely response to this request. I f you have any questions, please feel free to contact me at (202) 507-7523 or bye-mail at mcrow@immcouncil.org.
Sincerely yours,
~~
Melissa Crow Director, Legal Action Center American Immigration Council 1331 G Street, NW, Suite 200 Washington, DC 20005-3141 Tel: (202) 507-7523 Fax: (202) 742-5619 E-mail: mcrow@immcouncil.org
5

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 14 of 21
EXHIBITB
_________ ._._.. ____________________. _._-------0_--'____'0_-.0- ._0.'__'______.__·0 ___ '0_0_ . __ .."

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 15 of 21

1300 Pennsylvania Avenue NW Washington, DC 10129

August 3,2011
Melissa Crow Director, Legal Action Center American Immigration Council 1331 G Street NW, Suite 200 Washington, DC 20005

us. Customs and
Border Protection
DIS-2:0T:CTE:FD PH
2011F13090

Dear Ms. Crow:

This is a partial response to your Freedom of lnfonna!ion Act (FOb\) request to U.S. Customs and.
Border Protection (CBP). You requested the following information:

J. How DHS andlor CBP agents decide to stop, aucstandlor detain individuals believed to be. pres~nt in the United States in violation ofthe immigration laws.

2. Guidance, guidelines, directives, rules, policies, procedures or other documents that address questioning of individuals apprehended by DHS and/or CBP agents.

3. Criteria or other standards used by DHS andlor CBP agents to determine whether indiyjduals they have apprehended are eligible for voluntary return.

4. ' Guidance, guidelines, directives, rules, policies, procedures.or other documents that addres~
means of determining tf?at individuals apprehended ·by DHS andlor CBP agents knowingly and vol~ntarily consent to voluntary return and knowingly and voluntarily· waive· their right to a hearing before and immigration judge and/or to any immigration relief for which they may be eligible.

S. Guidance, guidelines, directives, rules, polioies, procedu~, instructions, memoranda or other documents regarding an agent's use or coercive tactics, including but not limited to the actual or threatened use of violence, sexual assault, and/or retaliation against family members to persuo\.le indiyjduals apprehended 'hy DHS and/or'CBP to acccpt,vo)untary..return.

i , ._ ,_~_.._._.J)......Aoy_Qthe.t.guidan.ce•.guidelines,_diceS(tlv.es..Olle.s.. pnli<lies,-p(Q~e.dumsJlr.mh~r_do.c.uments..thal.__....___._ ..0. _:

address processing of individuals apprehended by CBP for voluntary return in lieu of

.

removal.

l

7. Guidance. guidelines, dir~tives, rules, policies, procedures, or other documents that address

I

means of ensuring that individuals who have signed Form 1-826, Notice ofRights and

j

Request for Disposition. depart from the United States.

I

8. Agreements, correspondence, or communications within and/or among.CBP, DHS, any of their agents, agencies, sub-agencies. or offices, andlor U.S. Attorneys' Offices regarding the use ofvoJuntary return in lieu of removal.

9. Training materials used to educate CBP agents about the use of voluntary return in lieu of removal.

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 16 of 21

10. From January 2009 to April 2011, the total number of voluntaty returns of individuals to their countries oforigin, the nationalities of individuals who agreed to voluntary return, and, if available, the nwnber of voluntary returns per month.

II. Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged misconduct by DHS or CBP agents wjthin )00 mUes of the U.S.Mexico border, including but not limited to documents relating to the alleged mistreatment of any individual while in CBP custody.

12. Complaints, correspondence, communications, or other documents from any individual or entity regarding alleged use of coercive tactics by DHS or CBP agents within 100 miles of the U.S.·Mexico border, including but not limited to the actual or threatened use ofviolence, sexual assault, and/or retaliation against famny members to persuade individuals apprehended by DHS andlor CBP to accept voluntary return.

13.· Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBP, or another government agency regarding alleged
misconduct by DHS or CBP agents within 100 miles ofthe U.S.-Mexico borderl including but not limited to documents relating to the alleged mistreatment ofany individual while in CBP custody.

14. Memoranda, reports, correspondence, communications, or other documents regarding investigations undertaken by DHS, CBPt or another government agency regarding aJleged use ofcoercive tactics by DHS or CBP agents within 100 miles ofthe U.S.-Mexico border, including but not limited to the actual or threatened use of violence, sexual assault, andlor retaliation against family members to persuade individuals apprehended by DHS and/or CBP to accept voluntary return.

Please note that we will be unable to respond to parts 11 through 14 of your request as currently

~onsfiUcted. The terinC&misconduct" as used by CBP applies to aU incidents that are a violation of

the ruJes and regulations of CBP; you will need to be more specific as to the type ofmisconduct you

are interested in. Further, please note that reports are primarily retrieved via name, date of birth, SSN

or other personal identifiers specific to the employee. We are unable to Bull statistical infonnation

such as "allegations ofcoercive tactics by agents". Please also note that these reports are not sorted

- - - _ - --.--- _ - _ - . _.- - ... ... by title; we can not request "aU Border Patrol Agent .. --.-.-.~---------.----------------.-- reports".

. . -..

._ ..

..... ..

.. __ .. __

..

_--

---

-_ .

._..

_.-

~
~

. At this time, parts 11 through 14 ofyour request are considered unperfected. Ifyou do have the

names of individuals involved in these reports, you will need to provide written consent frol!l those

i

indjviduals for us to release records. per third party privacy laws.

I
I

i

i

CBP is including four pages of records responsive to your request in this response. CBP has determined that three pages of records are fully releasable and responsive to part 10 ofyour request.

I

We have also included one additional page with limited redactions, pursuant to Title 5 U.S.C. § SS2 (b)(6) snd (b)(7)(C).

!

i

!

Exemption (b)(6) exempts from disclosure personnel or medical tiles snd similar files the release of

I

which would cause a clearly unwl\lTanted invasion of personal privacy. This requires a balancing of

J I

I

the pubUc's right to disclosure against the individual's right privacy. [The types ofdocuments and/or

f
!

Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 17 of 21

information that we have withheld may consist ofblrlh certificates, naturalization certificates, driver license, social security numbers, home addresses, dates o/birth, or various other documents and/or Information belonging to a thirdparty that are consideredpersona/.j The privacy interests ofthe individuals in the records you have requested outweigh any minimal puolic interest in disclosure of the information. Any private interest you may have in that infonnation does not factor into the aforementioned balancing test.

Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwalTanted invasion ofpersonal privacy. This exemption takes particular note ofthe strong interests of individuals. whether they are suspects, witnesses, or Investigators. in not being unwanantably associated with alleged criminal activjty. That interest extends to persons who are not only the subjects ofthe investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition ofstrong privacy interest in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate.

You have a right to appeal our withholding determination. Should you wish to do so, you must send
your appeal and a copy ofthis letter, within 60 days ofthe date ofthis letter, to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 799 Ninth Street, NW, 5th Floor,
Washington. DC 20229-1179, following the procedures outlined in the DHS regulations at Title 6
C.P.R. § 5.9. Your envelope and letter should be marked "FOIA Appeal." Copies ofthe ForA and
DHS regulations are availa"ble at www.dhs.gov/foia.

The Office of Goverrunent Information Services (OOIS) also mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Ifyou are requesting .access to your own records (which is considered a Privacy Act request), you should know that 001S does not have the authority to handle requests made under the Privacy Act of 1974. ICyou wish to contact OOIS. you may email them at ogjs@nara.goy or call (877) 684..6448.

This office may be reached at (202) 325-0150. Please notate file number 2011F13090 on any future

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Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 18 of 21

OBP lO.9-C
JUN .,? 2009

1300 Pennsylvania Avenue NW Washlnglon. DC 20229
us. Customs aDd
Border Protection

MEMORANDUM FOR: FROM:

AU Chief Patrol Agents All Division Chiefs -:---_.. - ._-_.
. - .. ~
David V. Aguilar Chief U.S. Border Patrol

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SUBJECT:
'.

Juvenile Processing Guidance

The U.S. Border'Patrol takes great strides to ensure that all subjects are adequately cared for
while in our custody and that all juveniles, including unaccompanied alien childrent are treated with dignity, respect, and special concern for their particular vulnerabilities. The Border Patrol
currently processes, detains, and cares for juveniles, including unaccompanied alien children. based upon guidelines and requirements set forth in the 1997 Flores v. Reno Settlement
Agreement, the Homeland Security Act of2002, tbe Border Patrol Hold Room and Short Tenn Detention Policy, the Trafficking Victim's Protection Reauthorization Act of2008 Interim Guidance, and Customs and Border Protection Fonn 93 "Unaccompanied Alien Child ScreenIng Addendum.t1

Agents must famiUarize themselves with these policies and procedures. Adherence to these guidelines will safeguard the welfare ofjuveniles and ensure processing efficiency.

Timely arid accurate recording ofjuvenile apprehensioD, processing, and detention are critical to

missJon_ s~cc~ss. Supervisors shall review and approve processing forms and juvenile

disposition prior to transfer or removal. As indicated in the Boider Patrol Handbook, Chapter 22, Preparation and Distribution of Fonns and Reports. "Border Patrol Agents are responsible for

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the accuracy ofany forms or reports they submit. Supervisors are accountable for any reports or forms they forward, regardless ofwhether their signa~re or initials are required."

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Case 1:12-cv-00932 Document 1-8 Filed 06/07/12 Page 19 of 21
u.s. Border Patrol Voluntary Returns
January 2009 • April 2011
Data Includes Deportable Aliens Only Data Source: EID (unofficial) as of 7/14111

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Case 1:12-cv-00932 Document 1-9 Filed 06/07/12 Page 1 of 1
1300 Pennsylvania Avenue NW Washington. DC 20229
us. Customs and
Border Protection

OT:RR:FAPL H188515 October 13, 2011

Mr. Matthew J. Piers
Hughes Soco\ Piers Resnick Dym 70 West Madison Street. Suite 4000 Chicago. IL 60602

Dear Mr. Piers:

This acknowledges receipt of your correspondence dated September 26. 2011, on behalf of the American Immigration Council and your FOIA appeal.

The matter has been assigned to the FOIA Appeals, Policy & Litigation Branch for review and preparation of a response. Although we make every effort to promptly respond. other agency input may delay our response.

Your inquiry has been assigned to Andrew Langreich. If it becomes necessary to contact us regarding this matter, you may call him/her on (202) 325-0089 or write to us at U.S. Customs and Border Protection, OT/Regulations & Rulings, FOIA Appeals. Policy &Litigation Branch, 799 9th Street, NW - 5th Floor, Washington, DC 20229-1179. In any future correspondence. please refer to the file number in the upper right corner of this letter.

Any questions regarding substantive legal issues involved in your inquiry may be raised with the person to whom it'is assigned. Aii questions regard"itig'the.',prio(ity 6( status of the processing should be raised with the undersigned.

Sincerely,
ur sl~~~~

, Shari Suzuki, Chief

.

FOIA Appeals, Policy & Litigation Branch

Case 1:12-cv-00932 Document 1-10 Filed 06/07/12 Page 1 of 1

Weekly Muster

Week of Muster: Topic: RerereD~e Materials:
Headquarten POC: OKa:

November 19, 2007 Delegation ofAuthority for Enforcement Actions ICE Detention and Removal Manual Section 14.8, Inspector's Field Manual Section 17.11,8 CFR § 241.8
Ib) (6}. {\)} (7He)
Admissibility and Passenger Programs

Authority to issue the following fonns concerning any removable aUen is hereby delegated to second-line supervisory CBP Officers:

• Notice to Appear, Fonn 1-862; • Warrant of"Arrest, Fonn I-200; • Order of Rel~ase on Recognizance, Form 1-220A; and • Decision to Reinstate Prior Order, Fonn 1-871.

When an aJien has demonstrated his or her intent to depart the United States, it serves no purpose ·to issue an NTA. because the alien is already executing the ultimate objective, which is removal from the United States. In such cases conCerning non-arriving aliens, voluntary return should be
considered as an exercise ofdiscretion analogous to withdrawal of application for admission.

Where feasible, Voluntary Return cases should be documented in the ENFORCE VR module,

consistent with existing procedures in the ICE Detention and Removal.Manual Section 14.8. In

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oircumstances where CBP Officers encounter outbound illegal aliens and there is insufficient time before the departure flight to collect biometrics, the officers may use the biographic data

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alone to create a record and lookout.

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On February 6, 2007, the United States Court ofAppeals for the Ninth Circuit reversed their previous decision in MorQ/es-lzquierdo v. Gonzales, 486 F.3d 484. This decision affirmed the

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authority of immigration officers to issueFonn 1-871, Decision to Reinstate Prior Order.

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Questions on the policy outlined here may be

.1"tOlgraJm Manager,

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Prepared By: Date ofSubmission:

NQvember 7, 2007

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Case 1:12-cv-00932 Document 1-11 Filed 06/07/12 Page 1 of 1

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u.s. DepartDleJJ( of Homel.md Securiq'
Wasrungtou. DC 20229
~ l1.S. Customs and Border Protection

MEMORANDUM FOR: ALL SECTOR

FROM'

hnavid V. Aguilar
o"Chief U.S. Border Par

SUBJECT:

Retention of 1-826, Notice of Rights and Request for Disposirion

In the past. the Sevon1h, Eighth and Ninth Judicial Circuits have i$sued adverse decisions in the cancellation of removal cases. finding that there was insufficient evidcnc(~ tha! an alien had been granted rind accepted vo\untary departure under threat of deportation. A key piece of evirJence that would be of use in flJture litigation is the 1-826. Notice of Rights and Request for Disposition, becalJs(~ the I-H20 definitely tiemonstrates that the alien accepted voluntary departure.

An anal~'$is of current U.S. Customs and Sorder Protection, Office of Border Patrol (OBP). procedures for the retention and ultimate destruction oi the 1··826 indic(Jtes a significant disparity in the long-term retention of '·826'5 by OSP,

aBP has reviewHd the a~Jency's policy and procedures with the Office of Chief Counsel and determined that it is prudent and in the best interest of the agem;y 10 iHmporarily c.ease the nestnlction of all signed 1-826'5.

TherefDre. all S(~ct()( Chiefs are W (~nsure that 1·826's with origiJ)(\l1 signatures are to be retained until othef\yise instructed or for a period of al least 10 years from their dates of signature.

OBP is cognizant of the increase in the necessary storage for signed 1-826'$ and is exploring numerous options. such as the electronic storage of the 1-826, for Ca;)luring electronic Signatures. OSP Will advise Sector Chiefs as soon as an alternative soluti()n i5 identified.
Staft may direct questions to Associate Chie ,~'.~' ?<.?..)~'."~..-.(. ?'.)(?"}(~~.).

 
 Case: 1:12-cv-932 As of: 11/06/2015 04:02 PM EST 1 of 5
CLOSED,TYPE−I
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:12−cv−00932−TSC

AMERICAN IMMIGRATION COUNCIL v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al Assigned to: Judge Tanya S. Chutkan Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 06/07/2012 Date Terminated: 09/05/2014 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

AMERICAN IMMIGRATION COUNCIL

represented by Caryn C. Lederer HUGHES SOCOL PIERS RESNICK & DYM LTD. 70 West Madison Street Suite 4000 Chicago, IL 60602 (312)580−0100 Fax: (312)580−1994 Email: clederer@hsplegal.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J. Piers HUGHES SOCOL PIERS RESNICK &DYM LTD., 70 West Madison Street Ste 4000 Chicago, IL 60602 (312)580−0100 Fax: (312)580−1994 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Melissa E. Crow AMERICAN IMMIGRATION COUNCIL 1331 G Street, N.W. Suite 200 Washington, DC 20005 (202) 507−7523 Fax: (202) 742−5619 Email: mcrow@immcouncil.org ATTORNEY TO BE NOTICED

V. Defendant UNITED STATES DEPARTMENT OF HOMELAND SECURITY
Defendant

represented by Adam D. Kirschner U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Avenue, NW Washington, DC 20530 (202) 353−9265 Email: adam.kirschner@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:12-cv-932 As of: 11/06/2015 04:02 PM EST 2 of 5

U.S. CUSTOMS AND BORDER PROTECTION

represented by Adam D. Kirschner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/07/2012
06/08/2012 06/08/2012 06/08/2012 06/08/2012 06/13/2012 07/11/2012 07/13/2012 07/16/2012 07/16/2012 07/16/2012 07/16/2012
07/16/2012

# Docket Text
1 COMPLAINT against All Defendants (Filing Fee $ 350,receipt number 0090−2961728) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Crow, Melissa) (Additional attachment(s) added on 6/11/2012: # 12 Civil Cover Sheet) (jf, ). (Entered: 06/07/2012)
2 NOTICE Civil Cover Sheet by AMERICAN IMMIGRATION COUNCIL (Crow, Melissa) (Entered: 06/08/2012)
Case Assigned to Judge Emmet G. Sullivan. (ls, ) (Entered: 06/08/2012)
3 ELECTRONIC SUMMONS (3) Issued as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Consent Notices)(ls, ) (Entered: 06/08/2012)
4 Electronic Summons(1) Issued as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (ls, ) (Entered: 06/08/2012)
5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/13/2012. Answer due for ALL FEDERAL DEFENDANTS by 7/13/2012. (Crow, Melissa) (Entered: 06/13/2012)
6 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 07/11/2012)
MINUTE ORDER granting 6 defendants' consent motion for an extension of time to respond to the complaint. Defendants shall respond to the complaint by no later than August 27, 2012. Signed by Judge Emmet G. Sullivan on July 13, 2012. (lcegs2) (Entered: 07/13/2012)
7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General June 18, 2012. (Attachments: # 1 U.S. Postal Service on−line confirmation)(Crow, Melissa) (Entered: 07/16/2012)
8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 6/18/2012 (Attachments: # 1 U.S. Postal Service on−line confirmation)(Crow, Melissa) (Entered: 07/16/2012)
9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/18/2012 (Attachments: # 1 U.S. Postal Service on−line confirmation)(Crow, Melissa) (Entered: 07/16/2012)
10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Matthew J. Piers, :Firm− Hughes Socol Piers Resnick & Dym, Ltd., :Address− 70 West Madison Street, Ste 4000, Chicago, IL 60602. Phone No. − 312−580−0100. Fax No. − 312−580−1994 by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Matthew J. Piers, # 2 Proposed Order)(Crow, Melissa) (Entered: 07/16/2012)
11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Caryn C. Lederer, :Firm− Hughes Socol Piers Resnick & Dym, Ltd., :Address− 70 West Madison Street, Suite 4000, Chicago, IL 60602. Phone No. − 312−580−0100. Fax No. − 312−580−1994 by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Caryn C. Lederer, # 2 Proposed Order)(Crow, Melissa) (Entered:

Case: 1:12-cv-932 As of: 11/06/2015 04:02 PM EST 3 of 5

07/17/2012 07/17/2012 07/23/2012 08/22/2012
08/23/2012
08/24/2012 09/24/2012
09/25/2012
09/25/2012 10/26/2012 01/24/2013 01/25/2013
01/28/2013 03/07/2013 03/11/2013
03/11/2013 04/05/2013

07/16/2012)
MINUTE ORDER granting 10 Motion for Pro Hac Vice Admission. Matthew J. Piers is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on July 17, 2012. (lcegs2) (Entered: 07/17/2012)
MINUTE ORDER granting 11 Motion for Pro Hac Vice Admission. Caryn C. Lederer is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on July 17, 2012. (lcegs2) (Entered: 07/17/2012)
Set/Reset Deadlines: Answer due by 8/27/2012, (clv, ) (Entered: 07/23/2012)
12 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 08/22/2012)
MINUTE ORDER granting 12 defendants' consent motion for an extension of time to respond to the complaint. Defendants shall respond to the complaint by no later than September 26, 2012. Signed by Judge Emmet G. Sullivan on August 23, 2012. (lcegs6) (Entered: 08/23/2012)
Set/Reset Deadlines: Answer due by 9/26/2012, (clv, ) (Entered: 08/24/2012)
13 Consent MOTION for Extension of Time to , MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 09/24/2012)
MINUTE ORDER granting 13 consent motion for extension of time for defendants to respond to the complaint. Defendants shall file their response to the complaint by no later than October 26, 2012. Signed by Judge Emmet G. Sullivan on September 25, 2012. (lcegs4) (Entered: 09/25/2012)
Set/Reset Deadlines: Answer due by 10/26/2012, (clv, ) (Entered: 09/25/2012)
14 ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Kirschner, Adam) (Entered: 10/26/2012)
15 STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 01/24/2013)
MINUTE ORDER. Upon consideration of 15 the parties' joint status report, in which the parties represent that defendant is in the process of producing responsive records and the parties are attempting to narrow the issues in dispute, and request that the Court refrain from entering briefing schedule at this time, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than March 8, 2013. Signed by Judge Emmet G. Sullivan on January 25, 2013. (lcegs4) (Entered: 01/25/2013)
Set/Reset Deadlines: Status Report due by 3/8/2013 (clv, ) (Entered: 01/28/2013)
16 STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 03/07/2013)
MINUTE ORDER. Upon consideration of 16 the parties' joint status report, in which the parties represent that defendant is in the process of producing responsive records and the parties are attempting to narrow the issues in dispute, and request that the Court refrain from entering a briefing schedule at this time, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than June 22, 2013. Signed by Judge Emmet G. Sullivan on March 11, 2013. (lcegs4) (Entered: 03/11/2013)
Set/Reset Deadlines: Status Report due by 6/22/2013. (mac) (Entered: 03/11/2013)
Case directly reassigned to Judge Ketanji Brown Jackson. Judge Emmet G. Sullivan no longer assigned to the case. (gt, ) (Entered: 04/05/2013)

Case: 1:12-cv-932 As of: 11/06/2015 04:02 PM EST 4 of 5

06/21/2013 06/24/2013
09/20/2013 10/02/2013
10/02/2013 12/10/2013 12/13/2013
02/20/2014 02/21/2014
03/20/2014 03/21/2014
03/21/2014 04/21/2014 04/23/2014
05/21/2014 05/21/2014
06/19/2014

17 STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 06/21/2013)
MINUTE ORDER. Upon consideration of 17 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than September 20, 2013. Signed by Judge Ketanji Brown Jackson on 06/24/2013. (lckbj2) (Entered: 06/24/2013)
18 STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Crow, Melissa) (Entered: 09/20/2013)
MINUTE ORDER. Upon consideration of the parties' representations in their 18 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than December 10, 2013. Signed by Judge Ketanji Brown Jackson on 10/2/2013. (lckbj1) (Entered: 10/02/2013)
Set/Reset Deadlines: Joint Status Report due by 12/10/2013 (gdf) (Entered: 10/02/2013)
19 STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 12/10/2013)
MINUTE ORDER. Upon consideration of the parties' representations in their 19 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than February 20, 2014. Signed by Judge Ketanji Brown Jackson on 12/13/2013. (lckbj1) (Entered: 12/13/2013)
20 STATUS REPORT , JOINT, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 02/20/2014)
MINUTE ORDER. Upon consideration of the parties' representations in their 20 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than March 20, 2014. Signed by Judge Ketanji Brown Jackson on 2/21/2014. (lckbj1) (Entered: 02/21/2014)
21 STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 03/20/2014)
MINUTE ORDER. Upon consideration of the parties' representations in their 21 Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than April 21, 2014. Signed by Judge Ketanji Brown Jackson on 3/21/2014. (lckbj1) (Entered: 03/21/2014)
Set/Reset Deadlines: Joint Status Report due by 4/21/2014 (hs) (Entered: 03/21/2014)
22 STATUS REPORT Joint Status Report by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 04/21/2014)
MINUTE ORDER. Upon consideration of representations made in 21 the parties' Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than May 21, 2014. Signed by Judge Ketanji Brown Jackson on 4/23/2014. (lckbj1) (Entered: 04/23/2014)
23 STATUS REPORT , JOINT, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 05/21/2014)
MINUTE ORDER. Upon consideration of representations made in 23 the parties' Joint Status Report, it is hereby ORDERED that the parties file a joint status report, including recommendations for further proceedings, by no later than July 30, 2014. Signed by Judge Ketanji Brown Jackson on 05/21/2014. (lckbj1) (Entered: 05/21/2014)
Case reassigned to Judge Tanya S. Chutkan. Judge Ketanji Brown Jackson no longer assigned to the case. (ztnr, ) (Entered: 06/19/2014)

Case: 1:12-cv-932 As of: 11/06/2015 04:02 PM EST 5 of 5

07/30/2014 08/04/2014
08/04/2014 09/05/2014 09/16/2014

24 STATUS REPORT , Joint, by U.S. CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 07/30/2014)
MINUTE ORDER: In light of the status report filed by the parties, it is hereby ordered that the parties file a joint stipulation of dismissal or joint status report not later than September 5, 2014. Status Report due by 9/5/2014. Signed by Judge Tanya S. Chutkan on 8/4/14. (lctsc1) (Entered: 08/04/2014)
Reset Deadlines: Status Report due by 9/5/2014 (tj ) (Entered: 08/04/2014)
25 STIPULATION of Dismissal with Prejudice by AMERICAN IMMIGRATION COUNCIL. (Lederer, Caryn) (Entered: 09/05/2014)
26 ORDER OF DIMISSAL: Action dismissed with prejudice by stipulation of the parties. Signed by Judge Tanya S. Chutkan on 9/16/14. (DJS) (Entered: 09/16/2014)