Case 1:15-cv-01318-JEB Document 1 Filed 08/14/15 Page 1 of 9

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

RAICES, INC.

)

5121 Crestway Dr. #105

)

San Antonio, TX 78239

)

)

Plaintiff,

)

)

v.

)

)

U.S. IMMIGRATION AND CUSTOMS )

ENFORCEMENT,

)

500 12th Street, S.W.

)

Washington, D.C. 20536-5009

)

)

Defendant.

)

Civil Action No.: 1:15-cv-1318

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1. This is an action under the Freedom of Information Act (“FOIA” or “the Act”), 5 U.S.C. § 552, seeking unlawfully withheld agency records relating to allegations that detention officers employed by The GEO Group, Incorporated sexually abused female asylum-seekers who were jailed with their children in the for-profit U.S. Immigration and Customs Enforcement (“ICE”) family detention camp in Karnes City, Texas.
2. After detainees confided to their pro bono attorneys that GEO detention officers at the Karnes City facility used a laundry room to sexually assault women in the late night and early morning hours, attorneys lodged a formal complaint with the Department of Homeland Security (“DHS”).
3. Following an investigation in which many potential witnesses reportedly felt pressured by government officials, the DHS Office of Inspector General (“OIG”) reported that it failed to uncover any evidence substantiating the allegations.

1

Case 1:15-cv-01318-JEB Document 1 Filed 08/14/15 Page 2 of 9
4. RAICES, INC. (the Refugee and Immigrant Center for Education and Legal Services “RAICES”), a San Antonio-based non-profit organization that provides direct legal services to women and children detained in the Karnes facility, submitted a FOIA request for records that could help shed light on perceived shortcomings in OIG’s investigative conclusions.
5. Because ICE has unjustifiably failed to respond to this request within the statutorily mandated timeframe and improperly withheld these records, RAICES seeks declaratory and injunctive relief under the Act.
Jurisdiction and Venue 6. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B). Jurisdiction lies to grant declaratory relief pursuant to 28 U.S.C. §§ 2201-2202. Venue is proper under 5 U.S.C. § 552(a)(4)(B) because RAICES brings this action in the District of Columbia.
Parties 7. RAICES is a nearly 30 year-old non-profit legal services and advocacy agency with offices in San Antonio, Austin, Corpus Christi, and Dallas-Fort Worth, Texas. RAICES is the coordinator of the Karnes Pro Bono Project and as a project, has provided legal services to more than 1,500 families detained in the federal government’s makeshift refugee internment camp for women and children in Karnes City, Texas. 8. ICE is an executive agency of the United States government and is responsible for interior enforcement of the nation’s immigration and nationality laws. ICE is an agency within the meaning of 5 U.S.C. § 552(f)(1). // //
2

Case 1:15-cv-01318-JEB Document 1 Filed 08/14/15 Page 3 of 9
Factual Background 9. On August 1, 2014, ICE began jailing Central American women and their children in a secure, unlicensed detention in Karnes City, Texas.1 10. On September 30, 2014, pro bono attorneys for women and children detained in ICE’s Karnes City facility submitted a formal written complaint to ICE and other parties describing alleged sexual abuse and other improper conduct by GEO and ICE personnel.2 11. On January 7, 2015, DHS OIG published an Investigative Summary concluding that all allegations in the written complaint were unsubstantiated.3 12. In the Investigative Summary, DHS OIG stated: “Review of over 360 hours of time lapsed surveillance video footage of the laundry room and day room areas failed to confirm that any of the detainees were escorted to those areas after hours by Detention Officers.”4 13. According to OIG, the day room/laundry room video did depict sex in the laundry room, but it was between two GEO employees, both of whom were subsequently fired.5
1 See “South Texas ICE Detention Facility to House Adults with Children” ICE Press Release (Jul. 31, 2014), available at http://www.dhs.gov/news/2014/07/31/south-texas-ice-detentionfacility-house-adults-children (last visited Aug. 12, 2015). But see Flores v. Johnson, 85-cv-
2 Complaints Regarding Sexual Abuse of Women in DHS Custody at Karnes County Residential Center (Sept. 30, 2014), available at http://www.maldef.org/assets/pdf/2014-0930_Karnes_PREA_Letter_Complaint.pdf (last visited Aug. 12, 2015).
3 Memorandum from John Roth, Inspector General, DHS, to Jeh Johnson, Secretary of Homeland Security re: Investigative Summary – GEO Group Incorporated Detention Facility, Karnes City, Texas (Jan. 7, 2015), available at https://www.oig.dhs.gov/assets/Mga/OIG_mga010715.pdf (last visited Aug. 12, 2015).
4 Id. at 2. 5 Id. at 4.
3

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14. The Investigative Summary neither confirms nor denies that GEO detention officers and female detainees were in the laundry room together during the late-night or early-morning hours, even if detainees were not ‘escorted’ to those areas after hours by detention officers.
15. Nor does the Investigative Summary state whether GEO detention officers and detained mothers can be seen at any point in the 360 hours of video leaving the camera’s field of view to go into the laundry room after hours.
16. According to former detainees familiar with the allegations, the sexual assaults by guards happened quite intentionally in a “blind spot” that would not have been captured by a security camera. A former detainee drew a schematic depicting this blind spot as follows:
17. The irreconcilable conflict between OIG’s investigative conclusions and the reports of multiple mothers detained in the facility, subsequent reports by detained mothers of alleged strong-arm tactics employed by DHS OIG investigators during
4

Case 1:15-cv-01318-JEB Document 1 Filed 08/14/15 Page 5 of 9
interviews of detainee mothers, and documented instances in which DHS OIG
investigations have been tainted by intentionally falsified records in the past—including
multiple agents and several criminal investigations in Texas6—prompted RAICES to
seek ICE agency records aimed at understanding whether OIG conducted a complete
investigation into allegations of detainee sexual abuse in the Karnes City laundry room.
Plaintiff’s FOIA Request
18. On April 22, 2015, RAICES submitted a FOIA request for:
The following physical and electronic records in regards to the laundry room in the Karnes County Residential Center in Karnes City, Texas:
a. Blueprint of the laundry room b. Schematics of the laundry room that include the following: c. Locations of all walls in the laundry room d. Locations of all appliances in the laundry room e. Locations of all furniture in the laundry room f. Locations of all security cameras in the laundry room g. Locations of all doors in the laundry room h. Locations of all windows in the laundry room i. Dimensions of the laundry room j. Dimensions of all walls in the laundry room k. Dimensions of all appliances in the laundry room l. Dimensions of all furniture in the laundry room m. Dimensions of all doors in the laundry room n. Dimensions of all windows in the laundry room
Policies and procedures related to the laundry room, including but not limited to:
a. Adult detainee use of the laundry room b. Child detainee use of the laundry room c. Staff use of the laundry room d. Any other policies and procedures related to the laundry room
Policies and procedures related to security monitoring of the laundry room, including but not limited to:
a. Monitoring, maintaining, installing, reviewing and storing footage, or any other function related to operation of the security camera(s) in the laundry room
6 See, e.g., United States v. Pedraza, No. 1:13-cr-305, ECF No. 1, Indictment (S.D. Tex. filed Apr. 9, 2013), available at https://www.documentcloud.org/documents/682566-dhs-oigindictment.html (last visited Aug. 12, 2015).
5

Case 1:15-cv-01318-JEB Document 1 Filed 08/14/15 Page 6 of 9
b. Where recorded security camera footage in the laundry room is stored
c. How the security camera footage recorded in the laundry room is stored
d. For how long the security camera footage recorded in the laundry room is stored
e. Compliance procedures to ensure that the laundry room is properly monitored
f. Compliance procedures to ensure that security cameras are properly monitored
g. Procedures for when supervisor review of laundry room monitoring, or security camera monitoring, is expected and/or required.
19. ICE acknowledged receipt of Plaintiff’s request on April 22, 2015 and assigned it Case Number 2015-ICFO-78483.
20.To date, Plaintiff has received no agency records responsive to the request. 21. As of August 12, 2015, ICE’s online FOIA tracking system indicates that Plaintiff’s request is not even in ICE’s system. The results of this check appear on the following page:
6

Case 1:15-cv-01318-JEB Document 1 Filed 08/14/15 Page 7 of 9
Claim for Relief Violation of the FOIA: Improper Withholding of Agency Records 22. All previous paragraphs are incorporated as though fully set forth herein. 23. Plaintiff has a legal right under the FOIA to obtain agency records described in the April 22, 2015 request assigned ICE control number 2015-ICFO-78483. 24. No legal basis exists for ICE’s failure to adequately search for and promptly disclose responsive agency records in accordance with the timing and other requirements of the Act. 25. ICE’s failure to make reasonable efforts to search for responsive agency records, and its wrongful withholding of agency records sought in connection with the April 22,
7

Case 1:15-cv-01318-JEB Document 1 Filed 08/14/15 Page 8 of 9

2015 request, violates the FOIA. 5 U.S.C. §§ 552(a)(3)(A), 552(a)(3)(C), and

552(a)(6)(A). 26. ICE has failed to comply with the time limits set forth in 5 U.S.C. § 552(a)(6)(A)

or extend those time limit provisions pursuant to 5 U.S.C. § 552(a)(6)(B) with respect to Plaintiff’s FOIA request. As such, RAICES has constructively exhausted all of its

available administrative remedies. REQUEST FOR RELIEF

WHEREFORE, Plaintiff requests that judgment enter in its favor and against

Defendant, and that:

A. the Court order Defendant and any of Defendant’s agents or other persons, departments, or components acting for, with, by, through, or under them, to conduct a

prompt and reasonable search for records responsive to Plaintiff’s requests under the

FOIA; B. the Court permanently enjoin and restrain Defendant and any of

Defendant’s agents or other persons, departments, or components acting for, with, by, through, or under them from continuing to unlawfully withhold the agency records at

issue in this case; C. the Court award Plaintiff reasonable attorneys’ fees and costs pursuant to 5

U.S.C. § 552(a)(4)(E); and

D. the Court award all other relief to Plaintiff that it deems just, equitable, and proper.

Dated: August 13, 2015

Respectfully submitted,

/s/ R. Andrew Free R. ANDREW FREE, No. 30513 414 Union Street, Suite 900

8

Case 1:15-cv-01318-JEB Document 1 Filed 08/14/15 Page 9 of 9 Nashville, TN 37219 Telephone: (615) 244-2202 Facsimile: (615) 244-4345 Andrew@ImmigrantCivilRights.com
9

 
 Case 1:15-cv-01318-JEB Document 3 Filed 08/14/15 Page 1 of 8

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

RAICES, INC.

)

5121 Crestway Dr. #105

)

San Antonio, TX 78239

)

)

Plaintiff,

)

)

v.

)

)

U.S. IMMIGRATION AND CUSTOMS )

ENFORCEMENT,

)

500 12th Street, S.W.

)

Washington, D.C. 20536-5009

)

)

Defendant.

)

Case No.: 1:15-cv-1318-JEB

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1. This is an action under the Freedom of Information Act (“FOIA” or “the Act”), 5 U.S.C. § 552, seeking unlawfully withheld agency records relating to allegations that detention officers employed by The GEO Group, Incorporated sexually abused female asylum-seekers who were jailed with their children in the for-profit U.S. Immigration and Customs Enforcement (“ICE”) family detention camp in Karnes City, Texas.
2. After detainees confided to their pro bono attorneys that GEO detention officers at the Karnes City facility used a laundry room to sexually assault women in the late night and early morning hours, attorneys lodged a formal complaint with the Department of Homeland Security (“DHS”).
3. Following an investigation in which many potential witnesses reportedly felt pressured by government officials, the DHS Office of Inspector General (“OIG”) reported that it failed to uncover any evidence substantiating the allegations.

1

Case 1:15-cv-01318-JEB Document 3 Filed 08/14/15 Page 2 of 8
4. RAICES, INC. (the Refugee and Immigrant Center for Education and Legal Services “RAICES”), a San Antonio-based non-profit organization that provides direct legal services to women and children detained in the Karnes facility, submitted a FOIA request for records that could help shed light on perceived shortcomings in OIG’s investigative conclusions.
5. Because ICE has unjustifiably failed to respond to this request within the statutorily mandated timeframe and improperly withheld these records, RAICES seeks declaratory and injunctive relief under the Act.
Jurisdiction and Venue 6. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B). Jurisdiction lies to grant declaratory relief pursuant to 28 U.S.C. §§ 2201-2202. Venue is proper under 5 U.S.C. § 552(a)(4)(B) because RAICES brings this action in the District of Columbia.
Parties 7. RAICES is a nearly 30 year-old non-profit legal services and advocacy agency with offices in San Antonio, Austin, Corpus Christi, and Dallas-Fort Worth, Texas. RAICES is the coordinator of the Karnes Pro Bono Project and as a project, has provided legal services to more than 1,500 families detained in the federal government’s makeshift refugee internment camp for women and children in Karnes City, Texas. 8. ICE is an executive agency of the United States government and is responsible for interior enforcement of the nation’s immigration and nationality laws. ICE is an agency within the meaning of 5 U.S.C. § 552(f)(1). // //
2

Case 1:15-cv-01318-JEB Document 3 Filed 08/14/15 Page 3 of 8
Factual Background 9. On August 1, 2014, ICE began jailing Central American women and their children in a secure, unlicensed detention in Karnes City, Texas.1 10. On September 30, 2014, pro bono attorneys for women and children detained in ICE’s Karnes City facility submitted a formal written complaint to ICE and other parties describing alleged sexual abuse and other improper conduct by GEO and ICE personnel.2 11. On January 7, 2015, DHS OIG published an Investigative Summary concluding that all allegations in the written complaint were unsubstantiated.3 12. In the Investigative Summary, DHS OIG stated: “Review of over 360 hours of time lapsed surveillance video footage of the laundry room and day room areas failed to confirm that any of the detainees were escorted to those areas after hours by Detention Officers.”4
1 See “South Texas ICE Detention Facility to House Adults with Children” ICE Press Release (Jul. 31, 2014), available at http://www.dhs.gov/news/2014/07/31/south-texas-ice-detentionfacility-house-adults-children (last visited Aug. 12, 2015). But see Flores v. Johnson, 85-cv4544, ECF 100 (C.D. Cal Jul. 24, 2015) (holding ICE’s new practice of detaining immigrant children in secure, unlicensed jails violated a 1997 settlement agreement prohibiting such conduct), available at http://graphics8.nytimes.com/packages/pdf/us/FloresRuling.pdf (last visited Aug. 13, 2015).
2 Complaints Regarding Sexual Abuse of Women in DHS Custody at Karnes County Residential Center (Sept. 30, 2014), available at http://www.maldef.org/assets/pdf/2014-0930_Karnes_PREA_Letter_Complaint.pdf (last visited Aug. 12, 2015).
3 Memorandum from John Roth, Inspector General, DHS, to Jeh Johnson, Secretary of Homeland Security re: Investigative Summary – GEO Group Incorporated Detention Facility, Karnes City, Texas (Jan. 7, 2015), available at https://www.oig.dhs.gov/assets/Mga/OIG_mga010715.pdf (last visited Aug. 12, 2015).
4 Id. at 2.
3

Case 1:15-cv-01318-JEB Document 3 Filed 08/14/15 Page 4 of 8
13. According to OIG, the day room/laundry room video did depict sex in the laundry room, but it was between two GEO employees, both of whom were subsequently fired.5
14. The Investigative Summary neither confirms nor denies that GEO detention officers and female detainees were in the laundry room together during the late-night or early-morning hours, even if detainees were not ‘escorted’ to those areas after hours by detention officers.
15. Nor does the Investigative Summary state whether GEO detention officers and detained mothers can be seen at any point in the 360 hours of video leaving the camera’s field of view to go into the laundry room after hours.
16. According to former detainees familiar with the allegations, the sexual assaults by guards happened quite intentionally in a “blind spot” that would not have been captured by a security camera. A former detainee drew a schematic depicting this blind spot as follows:
5 Id. at 4.
4

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17. The irreconcilable conflict between OIG’s investigative conclusions and the
reports of multiple mothers detained in the facility, subsequent reports by detained
mothers of alleged strong-arm tactics employed by DHS OIG investigators during
interviews of detainee mothers, and documented instances in which DHS OIG
investigations have been tainted by intentionally falsified records in the past—including
multiple agents and several criminal investigations in Texas6—prompted RAICES to
seek ICE agency records aimed at understanding whether OIG conducted a complete
investigation into allegations of detainee sexual abuse in the Karnes City laundry room.
Plaintiff’s FOIA Request
18. On April 22, 2015, RAICES submitted a FOIA request for:
The following physical and electronic records in regards to the laundry room in the Karnes County Residential Center in Karnes City, Texas:
a. Blueprint of the laundry room b. Schematics of the laundry room that include the following: c. Locations of all walls in the laundry room d. Locations of all appliances in the laundry room e. Locations of all furniture in the laundry room f. Locations of all security cameras in the laundry room g. Locations of all doors in the laundry room h. Locations of all windows in the laundry room i. Dimensions of the laundry room j. Dimensions of all walls in the laundry room k. Dimensions of all appliances in the laundry room l. Dimensions of all furniture in the laundry room m. Dimensions of all doors in the laundry room n. Dimensions of all windows in the laundry room
Policies and procedures related to the laundry room, including but not limited to:
a. Adult detainee use of the laundry room b. Child detainee use of the laundry room c. Staff use of the laundry room d. Any other policies and procedures related to the laundry room
6 See, e.g., United States v. Pedraza, No. 1:13-cr-305, ECF No. 1, Indictment (S.D. Tex. filed Apr. 9, 2013), available at https://www.documentcloud.org/documents/682566-dhs-oigindictment.html (last visited Aug. 12, 2015).
5

Case 1:15-cv-01318-JEB Document 3 Filed 08/14/15 Page 6 of 8
Policies and procedures related to security monitoring of the laundry room, including but not limited to:
a. Monitoring, maintaining, installing, reviewing and storing footage, or any other function related to operation of the security camera(s) in the laundry room
b. Where recorded security camera footage in the laundry room is stored
c. How the security camera footage recorded in the laundry room is stored
d. For how long the security camera footage recorded in the laundry room is stored
e. Compliance procedures to ensure that the laundry room is properly monitored
f. Compliance procedures to ensure that security cameras are properly monitored
g. Procedures for when supervisor review of laundry room monitoring, or security camera monitoring, is expected and/or required.
19. ICE acknowledged receipt of Plaintiff’s request on April 22, 2015 and assigned it
Case Number 2015-ICFO-78483.
20.To date, Plaintiff has received no agency records responsive to the request.
21. August 14, 2015, ICE’s online FOIA tracking tool indicates that a Request for
Documents has been sent, and that an estimated delivery date of those documents is
August 19, 2015.7
22. Presumably, the documents delivered on August 19, 2015 will have to be reviewed
for exemptions, potentially delaying the agency’s response for several more months.
Claim for Relief Violation of the FOIA: Improper Withholding of Agency Records
23. All previous paragraphs are incorporated as though fully set forth herein.
7 Due to a transposed letter (“IFCO” rather than “ICFO”) in the tracking ID entered by counsel, Plaintiff’s initial Complaint inaccurately reflected that the request was not pending in ICE’s online tracking system. DE 1. With this First Amended Complaint, Plaintiffs have corrected that inaccuracy.
6

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24. Plaintiff has a legal right under the FOIA to obtain agency records described in the April 22, 2015 request assigned ICE control number 2015-ICFO-78483.
25. No legal basis exists for ICE’s failure to adequately search for and promptly disclose responsive agency records in accordance with the timing and other requirements of the Act.
26. ICE’s failure to make reasonable efforts to search for responsive agency records, and its wrongful withholding of agency records sought in connection with the April 22, 2015 request, violates the FOIA. 5 U.S.C. §§ 552(a)(3)(A), 552(a)(3)(C), and 552(a)(6)(A).
27. ICE has failed to comply with the time limits set forth in 5 U.S.C. § 552(a)(6)(A) or extend those time limit provisions pursuant to 5 U.S.C. § 552(a)(6)(B) with respect to Plaintiff’s FOIA request. As such, RAICES has constructively exhausted all of its available administrative remedies.
REQUEST FOR RELIEF WHEREFORE, Plaintiff requests that judgment enter in its favor and against Defendant, and that: A. the Court order Defendant and any of Defendant’s agents or other persons, departments, or components acting for, with, by, through, or under them, to conduct a prompt and reasonable search for records responsive to Plaintiff’s requests under the FOIA; B. the Court permanently enjoin and restrain Defendant and any of Defendant’s agents or other persons, departments, or components acting for, with, by, through, or under them from continuing to unlawfully withhold the agency records at issue in this case;
7

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C. the Court award Plaintiff reasonable attorneys’ fees and costs pursuant to 5

U.S.C. § 552(a)(4)(E); and

D. the Court award all other relief to Plaintiff that it deems just, equitable, and

proper.

Dated: August 14, 2015

Respectfully submitted,

/s/ R. Andrew Free R. ANDREW FREE, No. 30513 414 Union Street, Suite 900 Nashville, TN 37219 Telephone: (615) 244-2202 Facsimile: (615) 244-4345 Andrew@ImmigrantCivilRights.com

8

 
 Case: 1:15-cv-1318 As of: 01/25/2018 05:04 PM EST 1 of 3
CLOSED,TYPE I−FOIA
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:15−cv−01318−JEB

RAICES, Inc. v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Assigned to: Judge James E. Boasberg Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 08/13/2015 Date Terminated: 08/22/2016 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: Federal Question

RAICES, INC.

represented by R. Andrew Free LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209 (844) 321−3221 Fax: (615) 829−8959 Email: andrew@immigrantcivilrights.com ATTORNEY TO BE NOTICED

V.
Defendant
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

represented by April Denise Seabrook U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW Washington, DC 20530 (202) 252−2525 Fax: (202) 252−2599 Email: april.seabrook@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/14/2015
08/14/2015 08/14/2015 08/14/2015 10/16/2015
10/22/2015 11/17/2015

# Docket Text
1 COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090−4209927) filed by RAICES, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons ICE c/o USAG, # 3 Summons ICE c/o DHS OGC, # 4 Summons ICE c/o USAO)(Free, R.) (Entered: 08/14/2015)
Case Assigned to Judge James E. Boasberg. (rd) (Entered: 08/14/2015)
2 SUMMONS (3) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 08/14/2015)
3 AMENDED COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT filed by RAICES, INC..(Free, R.) (Entered: 08/14/2015)
4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/25/2015. Answer due for ALL FEDERAL DEFENDANTS by 9/24/2015. (Attachments: # 1 Summons Returned Executed as to DHS OGC, # 2 Summons Returns Executed as to U.S. Atty General)(Free, R.) (Entered: 10/16/2015)
5 NOTICE of Appearance by April Denise Seabrook on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 10/22/2015)
6 Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered:

Case: 1:15-cv-1318 As of: 01/25/2018 05:04 PM EST 2 of 3

11/18/2015 11/18/2015 01/07/2016 01/08/2016 01/08/2016 01/21/2016 01/22/2016 01/25/2016 02/05/2016 02/08/2016 02/08/2016 02/22/2016 02/22/2016
02/23/2016
04/12/2016

11/17/2015)
MINUTE ORDER granting Defendant's 6 Consent Motion for Extension of Time. Defendant shall complete its FOIA production by no later than December 18, 2015, and file its responsive pleading to Plaintiff's Complaint no later than January 8, 2016. Signed by Judge James E. Boasberg on 11/18/2015. (lcjeb2) (Entered: 11/18/2015)
Set/Reset Deadlines: Defendant's FOIA production due by 12/18/2015; Answer to Complaint due by 1/8/2016. (tg) (Entered: 11/18/2015)
7 MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 01/07/2016)
MINUTE ORDER granting Defendant's 7 Motion for Extension of Time to Answer. Defendant shall file its Answer or other responsive pleading no later than January 22, 2016. Signed by Judge James E. Boasberg on 01/08/2016. (lcjeb2) (Entered: 01/08/2016)
Set/Reset Deadline: Defendant shall file its Answer or other responsive pleading no later than 1/22/2016. (ad) (Entered: 01/08/2016)
8 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 01/21/2016)
MINUTE ORDER granting Defendant's 8 Motion for Extension of Time to Answer. The Court ORDERS that Defendant shall file its Answer or other responsive pleading by no later than February 5, 2016. Signed by Judge James E. Boasberg on 01/22/2016. (lcjeb2) (Entered: 01/22/2016)
Set/Reset Deadline: The Defendant shall file its Answer or other responsive pleading by no later than 2/5/2016. (ad) (Entered: 01/25/2016)
9 ANSWER to 3 Amended Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. Related document: 3 Amended Complaint filed by RAICES, INC..(Seabrook, April) (Entered: 02/05/2016)
MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a proposed briefing schedule by February 22, 2016. Signed by Judge James E. Boasberg on 02/08/2016. (lcjeb2) (Entered: 02/08/2016)
Set/Reset Deadline: The parties shall meet, confer, and submit a proposed briefing schedule by 2/22/2016. (ad) (Entered: 02/08/2016)
10 PROPOSED BRIEFING SCHEDULE by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Seabrook, April) (Entered: 02/22/2016)
MINUTE ORDER granting parties' 10 Joint Proposed Briefing Schedule. The Court ORDERS that: 1) Plaintiff shall provide Defendant information concerning all challenges to Defendant's FOIA production by no later than February 26, 2016; 2) Defendant shall file its Motion for Summary Judgment by no later than April 15, 2016; 3) Plaintiff shall files its Opposition/Cross−Motion for Summary Judgment by no later than May 16, 2016; 4) Defendant shall file its Reply/Opposition by no later than June 15, 2016; and 5) Plaintiff shall file its Reply by no later than July 15, 2016. Signed by Judge James E. Boasberg on 02/22/2016. (lcjeb2) (Entered: 02/22/2016)
Set/Reset Deadlines: Plaintiff shall provide Defendant information concerning all challenges to Defendant's FOIA production by no later than 2/26/2016; Defendant shall file its Motion for Summary Judgment by no later than 4/15/2016; Plaintiff shall files its Opposition/Cross−Motion for Summary Judgment by no later than 5/16/2016; Defendant shall file its Reply/Opposition by no later than 6/15/2016; and Plaintiff shall file its Reply by no later than 7/15/2016. (ad) (Entered: 02/23/2016)
11 Consent MOTION to Amend/Correct Order,, Set/Reset Deadlines, Briefing Schedule by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 04/12/2016)

Case: 1:15-cv-1318 As of: 01/25/2018 05:04 PM EST 3 of 3

04/13/2016
04/13/2016 04/29/2016 04/29/2016
05/02/2016 05/31/2016 06/01/2016
06/01/2016 06/29/2016 08/22/2016
08/22/2016

MINUTE ORDER granting Defendant's 11 Motion to Amend the Briefing Schedule. The Court ORDERS that 1) Defendant's Motion for Summary Judgment shall be filed by no later than April 29, 2016; 2) Plaintiff's Opposition and cross−motion, if any, shall be filed by no later than May 30, 2016; 3) Defendant's Reply shall be filed by no later than June 29, 2016; and 4) Plaintiff's Reply, if any, shall be filed by no later than July 29, 2016. Signed by Judge James E. Boasberg on 04/13/2016. (lcjeb2) (Entered: 04/13/2016)
Set/Reset Deadlines: Defendant's Motion for Summary Judgment shall be filed by no later than 4/29/2016; Plaintiff's Opposition and cross−motion, if any, shall be filed by no later than 5/30/2016; Defendant's Reply shall be filed by no later than 6/29/2016; and Plaintiff's Reply, if any, shall be filed by no later than 7/29/2016. (ad) (Entered: 04/13/2016)
12 Consent MOTION to Amend/Correct Briefing Schedule by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 04/29/2016)
MINUTE ORDER granting Defendant's 12 Consent Motion to Amend Briefing Schedule. The Court ORDERS that Defendant's Motion for Summary Judgment shall be filed no later than June 1, 2016; Plaintiff's Opposition and Cross−Motion for Summary Judgment, if applicable, shall be filed no later than July 1, 2016; Defendant's Reply shall be filed by no later than August 1, 2016; and Plaintiff's Reply, if any, shall be filed by no later than August 31, 2016. Signed by Judge James E. Boasberg on 04/29/2016. (lcjeb2) (Entered: 04/29/2016)
Set/Reset Deadlines: Summary Judgment motion due by 6/1/2016; Cross−Motion/Opposition to Motion for Summary Judgment due by 7/1/2016; Opposition to Cross−Motion/Reply to Opposition to Motion for Summary Judgment due by 8/1/2016; Reply to Opposition to Cross−Motion. (tg) (Entered: 05/02/2016)
13 Consent MOTION to Amend/Correct Order on Motion to Amend/Correct,, Set/Reset Deadlines, Briefing Schedule by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Seabrook, April) (Entered: 05/31/2016)
MINUTE ORDER granting Defendant's 13 Consent Motion to Amend Briefing Schedule. The Court ORDERS that: 1) Defendant's Motion for Summary Judgment shall be filed by no later than June 29, 2016; 2) Plaintiff's Opposition and Cross−Motion for Summary Judgment, if applicable, shall be filed by no later than July 28, 2016; 3) Defendant's Reply shall be filed by no later than August 29, 2016; and 4) Plaintiff's Reply, if any, shall be filed by no later than September 12, 2016. Signed by Judge James E. Boasberg on 06/01/2016. (lcjeb2) (Entered: 06/01/2016)
Set/Reset Deadlines: Defendant's Motion for Summary Judgment shall be filed by no later than 6/29/2016; Plaintiff's Opposition and Cross−Motion for Summary Judgment, if applicable, shall be filed by no later than 7/28/2016; Defendant's Reply shall be filed by no later than 8/29/2016; and Plaintiff's Reply, if any, shall be filed by no later than 9/12/2016. (ad) Modified on 6/17/2016 to correct the Defendant's Motion for Summary Judgment date (ad). (Entered: 06/01/2016)
14 MOTION for Summary Judgment by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit 1 − Declaration, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7 − Vaughn Index)(Seabrook, April) (Entered: 06/29/2016)
MINUTE ORDER: Defendant filed its Motion for Summary Judgment on June 29, 2016, and Plaintiff's Opposition was due on July 28, 2016. See Minute Order of June 1, 2016. As Plaintiff has failed to oppose Defendant's Motion, the Court will treat the arguments in the Motion as conceded under LCvR 7(b). In other words, the Court will uphold, as unopposed, Defendant's arguments that its search was adequate, it has produced all non−exempt portions of responsive records, and it has properly withheld material pursuant to the statutory exemptions. The Court thus ORDERS that the 14 Motion is GRANTED. A separate Judgment will issue. Signed by Judge James E. Boasberg on 8/22/16. (lcjeb2) (Entered: 08/22/2016)
15 CLERK'S JUDGMENT signed by Anjanie Desai, Deputy Clerk on 8/22/2016. (ad) (Entered: 08/22/2016)