Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT HOUSTON DIVISION

ACLU FOUNDATION OF TEXAS, INC.,
Plaintiff, v. U.S. CUSTOMS AND BORDER PROTECTION and U.S. DEPARTMENT OF HOMELAND SECURITY,
Defendants.

) Case No. ________ ) ) ) ) ) JURY TRIAL REQUESTED ) ) ) ) ) ) )

PLAINTIFF ACLU FOUNDATION OF TEXAS, INC.’S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION
OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 et seq.

INTRODUCTION 1. This case challenges the government’s refusal to respond to a Freedom of Information Act request seeking details about the U.S. Customs and Border Protection’s detention of travelers at international airports in Dallas and Houston pursuant to the President’s unconstitutional Muslim ban. We bring suit under FOIA with the aim to vindicate our fundamental democratic values of transparency and government accountability. As the Supreme Court has observed, an informed citizenry is “vital to the functioning of a democratic society” and “needed to check against corruption and to hold the governors accountable to the governed.” NLRB v. Robbins Tire & Rubber, 437 U.S. 214, 242 (1978). In this instance, the American public has the right to know how the ban was implemented in Texas. 2. The ACLU Foundation of Texas, Inc. (“Plaintiff” or “ACLU”) brings this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended, to obtain injunctive and other appropriate relief requiring Defendants U.S. Department of Homeland Security (“DHS”) and U.S. Customs and Border Protection (“CBP”) (collectively, “Defendants”) to respond to a FOIA request sent by Plaintiff on February 6, 2017 (“Request”), and to promptly

1

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 2 of 10
disclose the requested records. 3. The Request seeks records concerning CBP’s local implementation of President
Trump’s January 27, 2017 Executive Order titled “Protecting the Nation From Foreign Terrorist Entry Into the United States,” Exec. Order No. 13769, 82 Fed. Reg. 8977 (Feb. 1, 2017) (“Executive Order”), as well as any other judicial order or executive directive issued regarding the Executive Order on or after January 27, 2017.1 A true and correct copy of the Request is attached as Exhibit A.
4. Specifically, the Request seeks records concerning CBP’s local implementation of the Executive Order at sites within the jurisdiction of CBP’s Houston Field Office. These include, but are not limited to, Dallas/Fort Worth International Airport (“DFW”), Bush Intercontinental Airport (“IAH”), and the Houston Airport and Dallas/Ft. Worth Ports of Entry (“Port of Entry Offices”).
BACKGROUND 5. Among other things, the Executive Order purports to halt refugee admissions and bar entrants from several predominantly Muslim countries from entering the United States. 6. Defendants’ implementation of the Executive Order has been the subject of significant public concern, as reflected by mass protests around the country, substantial news coverage, and numerous lawsuits filed following the President’s signing of the Executive Order. 7. Over the weekend of January 27–29, 2017, at least five lawsuits resulted in emergency court orders enjoining implementation of various sections of the Executive Order.2
1 Request 1(m) would include President Trump’s March 6, 2017 Executive Order, identically titled, Exec. Order No. 13780, 82 Fed. Reg. 13209 (Mar. 6, 2017), which significantly references the January 27 Executive Order. See Ex. A. 2 Vayeghan v. Kelly, No. CV 17-0702, 2017 WL 396531 (C.D. Cal. Jan. 29, 2017); Tootkaboni v. Trump, No. 17-CV-10154, 2017 WL 386550 (D. Mass. Jan. 29, 2017); Doe v. Trump, No. C17126, 2017 WL 388532 (W.D. Wash. Jan. 28, 2017); Aziz v. Trump, No. 1:17-CV-116, 2017 WL 386549 (E.D. Va. Jan. 28, 2017); Darweesh v. Trump, No. 17 CIV. 480 (AMD), 2017 WL 388504 (E.D.N.Y. Jan. 28, 2017). On March 15, 2017, a district court enjoined implementation of Sections 2 and 6 of the President’s identically named March 6 Executive Order. Hawai’i v. Trump, No. CV 17-00050 DKW-KSC, 2017 WL 1011673 (D. Haw. Mar. 15, 2017).
2

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 3 of 10
8. News reports described Defendants’ implementation of the Executive Order as “chaotic” and “total[ly] lack[ing] . . . clarity and direction.”3
9. Official DHS statements reflected this confusion. For example, DHS stated on January 28 that the Executive Order would “bar green card holders.”4 The next day, however,
DHS Secretary John Kelly deemed “the entry of lawful permanent residents to be in the national interest”5 and the government clarified that the Executive Order did not apply to green card holders.6
10. Reportedly spurred by this chaos, on January 29, Senators Tammy Duckworth
and Dick Durbin called upon the Office of the Inspector General of the Department of Homeland Security to investigate Defendants’ implementation of the Executive Order.7 The Senators
specifically sought information regarding: any guidance Defendants provided to the White
House in developing the order; any directions that were provided to Defendants in implementing
it; whether CBP officers complied with the relevant court orders; and whether DHS and CBP
officers kept a list of individuals that they had detained at ports of entry under the order. In
response, the Inspector General directed Defendants’ personnel to preserve all records “that
3 See, e.g., Ryan Devereaux et al., Homeland Security Inspector General Opens Investigation of Muslim Ban, Orders Document Preservation, THE INTERCEPT, Feb. 1, 2017, available at https://theintercept.com/2017/02/01/homeland-security-inspector-general-opens-investigation-ofmuslim-ban-rollout-orders-document-preservation/. 4 See Max Greenwood, Immigration Ban Includes Green Card Holders: DHS, THE HILL, Jan. 28, 2017, available at http://thehill.com/policy/national-security/316670-trump-refugee-ban-barsgreen-card-holders-report. 5 Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The United States, DEP’T OF HOMELAND SECURITY (Jan. 29, 2017), available at https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanentresidents-united-states. 6 See Robert Mackey, As Protests Escalate, Trump Retreats From Barring Green Card Holders, THE INTERCEPT, Jan. 29, 2017, available at https://theintercept.com/2017/01/29/trumpsexecutive-order-no-longer-bars-green-card-holders/. 7 See Ryan Devereaux et al., Homeland Security Inspector General Opens Investigation of Muslim Ban, Orders Document Preservation, THE INTERCEPT, Feb. 1, 2017, available at https://theintercept.com/2017/02/01/homeland-security-inspector-general-opens-investigation-ofmuslim-ban-rollout-orders-document-preservation/.
3

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 4 of 10
might reasonably lead to the discovery of relevant information relating to the implementation of” the Executive Order.8
11. Beginning on Saturday, January 28, CBP officers at DFW began to detain
travelers pursuant to the Executive Order. A total of thirteen individuals were detained on Saturday pursuant to the Executive Order,9 nine of whom were detained overnight into Sunday in excess of twenty-four hours.10
12. While detained, travelers were pressured into signing papers to voluntarily withdraw their admission into the United States.11
13. Attorneys who tried to assist the detained individuals throughout Saturday and Sunday were consistently denied access by CBP officials.12
14. After the thirteen individuals detained at DFW into Sunday were released, CBP
continued to detain travelers from the countries identified in the Executive Order for many hours.13 Detainees included a 33-year-old Iraqi man in a wheelchair, who was detained for
8 Id. 9 Diane Smith, Detainees at DFW Released, but ‘This is Going to be a Day-to-Day Challenge’, FORT WORTH STAR TELEGRAM, Jan. 29, 2017, http://www.startelegram.com/news/local/community/northeast-tarrant/article129449349.html. 10 Mark D. Smith, Lawyers at DFW Airport Staying ‘Until the Job is Done’, FORT WORTH STAR TELEGRAM, Feb. 1, 2017, http://www.star-telegram.com/news/local/community/northeasttarrant/article130100174.html; Julieta Chiquillo, Detained Travelers at DFW Airport Are Released, Reunited with Families, DALL. MORNING NEWS, Jan. 29, 2017, http://www.dallasnews.com/news/donald-trump-1/2017/01/29/aclu-lawyers-working-freetravelers-detained-dfw-airport-trumps-ban; Detainees at DFW Airport Released By Customs, CBSDFW, Jan. 29, 2017, http://dfw.cbslocal.com/2017/01/29/detainees-at-dfw-airport-to-bereleased/. 11 Letter from Center for Constitutional Rights and Benjamin N. Cardozo School of Law to John Roth, DHS Inspector General (Feb. 6, 2017), available at https://www.scribd.com/document/338703826/CCR-complaint (Affidavit of Patricia Freshwater, Affidavit of Michelle L. Saenz-Rodriguez, Affidavit of Jaime Treviño, Affidavit of Martin Valko, Affidavit of Christopher O. Dachniwisky, Affidavit of Daniele Volfe). 12 Id. 13 E.g., Mark D. Smith, More Arrivals Detained at DFW Airport, Lawyers Group Says, FORT WORTH STAR-TELEGRAM, Jan. 31, 2017, http://www.startelegram.com/news/local/community/fort-worth/article129762034.html; Julieta Chiquillo et al., Detained Travelers at DFW Airport Are Released, Reunited with Families, DALL. MORNING
4

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 5 of 10
fifteen hours after traveling to DFW on a Special Immigrant Visa, awarded to him because of his work with the U.S. army in Iraq.14 Others detained during that period included a family with a one-year-old and three-year-old whose father was an interpreter for the U.S. army and a family with a child under the age of five.15
15. Beginning on January 28, travelers were also detained at IAH in Houston pursuant to the Executive Order. Detainees included green card holders and immigrant visa holders, who were held for hours before being released in the early hours of Sunday morning.16
16. Throughout the day on January 29, at least fifty people were detained for some period of hours.17
17. Disclosure of the records Plaintiff seeks through this action would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Order through the Houston Field Office, including in particular at DFW and IAH. Such information is critical to the public’s ability to hold the government accountable.
NEWS, Jan. 29, 2017, https://www.dallasnews.com/news/donald-trump-1/2017/01/29/aclulawyers-working-free-travelers-detained-dfw-airport-trumps-ban; 14 Sarah Mervosh et al., Iraqi in Wheelchair Released After 15-hour Detention at DFW Airport Under Trump’s Travel Ban, DALL. MORNING NEWS, Jan. 31, 2017, https://www.dallasnews.com/news/immigration/2017/01/30/faith-leaders-students-pressreversal-trumps-travel-restrictions-dallas-area-vigils. 15 Id. 16 E.g., Joe Martin, Houston Immigration Lawyers Set Up Shop at IAH Following Trump Travel Ban, HOUS. BUS. J., Feb. 1, 2017, http://www.bizjournals.com/houston/news/2017/02/01/houston-immigration-lawyers-set-upshop-at-iah.html; Lindsay Ellis et al., Protests Against Muslim Ban Ripple Across Houston, Packing IAH Terminal to Capacity, HOUS. CHRON., Jan. 30, 2017, http://www.chron.com/houston/article/Protests-planned-against-Muslim-ban-across10892379.php; Brenna Daldorph, The Story of One Resident’s Fight to Enter the US After Immigration Ban, FRANCE24, Jan. 29, 2017, http://www.france24.com/en/20170129-trumpmuslim-ban-immigration-lawyer-usa. 17 Meagan Flynn, Amid Nationwide Chaos, Protestors Rally at Bush Airport to Support Refugees, Muslims, HOUS. PRESS, Jan. 30, 2017, http://www.houstonpress.com/news/amidnationwide-chaos-protestors-rally-at-bush-airport-to-support-refugees-muslims-9154982.
5

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 6 of 10
18. This action is necessary because Defendants have failed to provide Plaintiff with a determination as to whether they will comply with the Request. Defendants invoked their ability to extend their statutory response time to a total of thirty business days, and more than thirty business days have elapsed since Defendants received the Request.
JURISDICTION 19. This Court has subject-matter jurisdiction over this action and personal jurisdiction over the parties under 5 U.S.C. § 552(a)(4)(B), 5 U.S.C. §§ 701–706, and 28 U.S.C. § 1331.
VENUE 20. Venue in the Southern District of Texas is proper under 5 U.S.C. § 552(a)(4)(B) as the requested agency records are, upon information and belief, situated within this District at CBP’s Houston Field Office, as well as CBP facilities at or near IAH and Houston Airport Port of Entry. Venue is also proper because Plaintiff’s principal place of business is in Houston, where its office is headquartered. For the same reasons, venue also is proper under 28 U.S.C. § 1391(e). 21. Assignment to the Houston Division is proper for the same reasons.
PARTIES 22. Plaintiff is a 501(c)(3) organization dedicated to protecting and defending the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in Texas. The ACLU provides legal representation free of charge to individuals and organizations in civil rights and civil liberties cases, educates the public about the civil rights and civil liberties implications of pending and proposed state and federal legislation, and provides analyses of pending and proposed legislation. 23. Defendant Department of Homeland Security is a department of the executive branch of the U.S. government and is an agency within the meaning of 5 U.S.C. § 552(f)(1). 24. Defendant U.S. Customs and Border Protection is a component of DHS and is a federal agency within the meaning of 5 U.S.C. § 552(f)(1).
6

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 7 of 10
25. Plaintiff is informed and therefore believes that Defendants have possession, custody, or control of the requested records.
FACTS 26. On February 6, 2017, Plaintiff sent the Request to CBP’s FOIA Officer at CBP Headquarters. 27. The Request sought records regarding CBP’s local interpretation and enforcement of the Executive Order at IAH, DFW, and the Port of Entry Offices. The Request expressly did not seek information held in the records of CBP Headquarters. Plaintiff incorporates by reference the Request, which is attached as Exhibit A. 28. The Request included an application for expedited processing, on the grounds that there is a “compelling need” for these records under 5 U.S.C. § 552(a)(6)(E)(v)(II) because the information requested is “urgen[tly]” needed by an organization primarily engaged in disseminating information “to inform the public concerning actual or alleged Federal Government activity.” Ex. A at 9. 29. The Request provided detail showing that the ACLU is primarily engaged in disseminating information within the meaning of 5 U.S.C. § 552(a)(6)(E)(v), given that a critical and substantial aspect of the ACLU’s mission is to obtain information about government activity, analyze that information, and publish and disseminate that information widely to the press and public. Ex. A at 9–10. 30. The Request described examples of the ACLU’s information-dissemination function. Ex. A at 9–10. 31. The Request also included an application for a fee waiver or limitation under 5 U.S.C. § 552(a)(4)(A)(iii) on the grounds that disclosure of the requested records is in the public interest and is “likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” In particular, the ACLU emphasized that the Request would significantly contribute to public understanding on a matter of profound public importance about which scant specific information
7

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 8 of 10
had been made public, i.e., how local CBP Field Offices had enforced, and continue to enforce, the Executive Order. The Request also made clear that the ACLU plans to disseminate the information disclosed as a result of the Request to the public at no cost. Ex. A at 13–14.
32. The Request also applied for a waiver of search fees under 5 U.S.C. § 552(a)(4)(A)(ii)(II) on the grounds that Plaintiff qualifies as a “representative of the news media” and the records are not sought for commercial use, given the ACLU’s non-profit mission and substantial activities to publish information for dissemination to the public, as discussed in greater detail in ¶ 30 above. Ex. A at 14–15.
33. CBP received the Request On February 8, 2017. See Exhibit B. 34. CBP acknowledged receipt of the Request on February 16, 2017. A true and correct copy of CBP’s acknowledgement of receipt is attached as Exhibit C. The acknowledgement of receipt stated that the request was being transferred to the Department of Homeland Security, Privacy Office, for processing and response. See Ex. C. 35. DHS acknowledged receipt of the Request on February 13, 2017. A true and correct copy of DHS’s acknowledgment of receipt is attached as Exhibit D. The acknowledgment of receipt granted the request for expedited processing. See Ex. D. 36. On February 14, 2017, DHS sent a corrected acknowledgment of receipt. A true and correct copy of the corrected DHS acknowledgment of receipt is attached as Exhibit E. The corrected acknowledgment of receipt granted the request for expedited processing and fee waiver. See Ex. E. The corrected acknowledgment of receipt also invoked a ten-day extension for the request pursuant to 5 U.S.C. § 552(a)(6)(B). See id. 37. As of April 12, 2017, more than thirty days (excepting Saturdays, Sundays, and legal public holidays) have elapsed since CBP and DHS received the Request. 38. As of the filing date of this Complaint, Defendants have not notified Plaintiff of a determination as to whether Defendants will comply with the Request. 39. Because Defendants failed to comply with the ten-day extension to the twentybusiness-day time limit provision of FOIA, 5 U.S.C. § 552(a)(6)(A)(i) & (a)(6)(B), Plaintiff is
8

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 9 of 10
deemed to have exhausted its administrative remedies with respect to the Request under 5 U.S.C. § 552(a)(6)(C)(i).
Violation of FOIA for Failure to Provide a Determination Within Thirty Business Days
40. Defendants have a legal duty under FOIA to determine whether to comply with a request within thirty days (excepting Saturdays, Sundays, and legal public holidays) after receiving the request and invoking the statutory ten-day extension, and also have a legal duty to notify the requester immediately of the agency’s determination and the reasons therefor.
41. Defendants’ failure to determine whether to comply with the Request within thirty business days after receiving it violates FOIA, 5 U.S.C. § 552(a)(6)(A)(i) & (a)(6)(B), and applicable regulations promulgated thereunder.
Violation of FOIA for Failure to Make Records Available 42. Plaintiff has a legal right under FOIA to obtain the specific agency records requested on February 6, 2017, and there exists no legal basis for Defendants’ failure to promptly make the requested records available to Plaintiff and the public. 43. Defendants’ failure to promptly make available the records sought by the Request violates FOIA, 5 U.S.C. § 552(a)(3)(A), and applicable regulations promulgated thereunder. 44. On information and belief, Defendants currently have possession, custody or control of the requested records.
WHEREFORE, Plaintiff requests that the Court award it the following relief: 1. Declare that Defendants violated FOIA by failing to determine whether to comply with the Request within thirty business days and by failing immediately thereafter to notify Plaintiff of such determination and the reasons therefor; 2. Declare that Defendants violated FOIA by unlawfully withholding the requested records;
9

Case 4:17-cv-01128 Document 1-1 Filed in TXSD on 04/12/17 Page 10 of 10

3. Order Defendants to immediately disclose the requested records to the public and make copies immediately available to Plaintiff without charge for any search or duplication fees, or, in the alternative, provide for expedited proceedings to adjudicate Plaintiff’s rights under FOIA;
4. Award Plaintiff its reasonable costs and attorneys’ fees; and 5. Grant such other relief as the Court may deem just and proper.

DATED this 12th day of April, 2017.

Respectfully submitted,
/s/ Edgar Saldivar Edgar Saldivar Texas Bar No. 24038188 SD Texas Bar No. 618958 Attorney-in-Charge AMERICAN CIVIL LIBERTIES UNION OF TEXAS 1500 McGowen, Suite 140 Houston, TX 77004 Tel: 713-942-8146 Fax: 713-942-8966
Kali Cohn* Texas Bar. No. 24092265 AMERICAN CIVIL LIBERTIES UNION OF TEXAS 6440 N. Central Expressway Dallas, TX 75206 Tel: 214-346-6577 Fax: 713-942-8966
Attorneys for Plaintiff ACLU FOUNDATION OF TEXAS, INC.
*Admission to the Southern District pending

10

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 1 of 30
Exhibit A

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 2 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 3 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 4 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 5 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 6 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 7 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 8 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 9 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 10 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 11 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 12 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 13 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 14 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 15 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 16 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 17 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 18 of 30
Exhibit B

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 19 of 30

4/7/2017

Case 4:17-cv-01128 DocumenUSt P1S-.c2om®F­ilUeSdPSinTraTcXkinSg®DRoesnults04/12/17 Page 20 of 30

There’s an easier way to track your packages.
Why jump from page to page to track packages being sent to you? With My USPS™, you can easily track all your packages in one place. Sign up to: Set up automatic email and text alerts, so you’ll never have to manually track a package again Provide delivery instructions, so your carrier knows where to leave packages

(https://www.usps.com/)

Sign Up (https://reg.usps.com/entreg/RegistrationAction_input? app=UspsTools&appURL=https%3A%2F%2Ftools.usps.com%2Fgo%2FTrackConfirmAction%21input

HELPFUL LINKS

ON ABOUT.USPS.COM

Contact Us

About USPS Home (http://about.usps.com/)

(https://www.usps.com/help/welcome.htm)

Newsroom

Site Index (https://www.usps.com/globals/site- (http://about.usps.com/news/welcome.htm)

index.htm)

USPS Service Updates

FAQs (http://faq.usps.com/)

(http://about.usps.com/news/service-

alerts/welcome.htm)

Forms & Publications

(http://about.usps.com/forms-

publications/welcome.htm)

Government Services

(https://www.usps.com/gov-services/gov-

services.htm)

Careers

(http://about.usps.com/careers/welcome.htm)

OTHER USPS SITES

LEGAL INFORMATION

Business Customer Gateway

Privacy Policy (http://about.usps.com/who-we-

(https://gateway.usps.com/)

are/privacy-policy/privacy-policy-highlights.htm)

Postal Inspectors

Terms of Use

(https://postalinspectors.uspis.gov/)

(http://about.usps.com/termsofuse.htm)

Inspector General (http://www.uspsoig.gov/) FOIA (http://about.usps.com/who-we-

Postal Explorer (http://pe.usps.gov/)

are/foia/welcome.htm)

National Postal Museum

No FEAR Act EEO Data

(http://www.postalmuseum.si.edu/)

(http://about.usps.com/who-we-are/no-fear-

Resources for Developers

act/welcome.htm)

(https://www.usps.com/webtools/welcome.htm)

Copyright © 2017 USPS. All Rights Reserved.

(https://www.facebook.com/USPS?rf=108501355848630)

(https://twitter.com/usps)

(http://www.pinterest.com/uspsstamps/)

(https://www.youtube.com/usps)

https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70163010000047815023

2/2

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 21 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 22 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 23 of 30

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 24 of 30
Exhibit D

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 25 of 30
U.S. Department of Homeland Security Washington, DC 20528
Homeland Security
February 13, 2017
SENT VIA E-MAIL TO: esaldivar@aclutx.org
Mitra Ebadolahi ACLU Border Litigation Project PO BOx 87131 San Diego, CA 92138-7131
Re: 2017-HQFO-00372
Dear Ebadolahi:
This letter acknowledges receipt of your February 10, 2017, Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), for records created on or after January 27, 2017 concerning CBP's interpretation, enforcement, and implementation of the President's Executive Order "Protecting the Nation from Foreign Terrorist Entry into the United States" at local (Houston) International Airports; President Trump's Executive Order, signed on January 27, 2017 and titled "Protecting the Nation from Foreign Terrorist Entry Into the United States"; any guidance "provided to DHS field personnel shortly" after President Trump signed the Executive Order; Associate Director of Field Operations for U.S. Citizenship and Immigration Services Daniel M. Renaud's email, sent at 11:12 am on January 27, 2017, instructing DHS employees that they could not adjudicate any immigration claims from the seven targeted countries; Judge Donnelly's Decision and Order granting an Emergency Motion for Stay of Removal, issued in the Eastern District of New York on January 27, 2017, including records related to CBP's efforts to comply with the court's oral order requiring prompt production of a list of all class members detained by CBP; Judge Brinkema's Temporary Restraining Order, issued in the Eastern District of Virginal on January 28, 2017; Judge Zilly's Order Granting Emergency Motion for Stay of Removal, issues in the Western District of Washington on January 28, 2017; Judge Burroughs' Temporary Restraining Order, issued in the District of Massachusetts on January 29, 2017; Judge Gee's Order granting an Amended Ex Parte Application for Temporary Restraining Order, issued in the Central District of California on January 29, 2017; Assurances from the U.S. Attorney's Office for the Eastern District of Pennsylvania that all individuals detained at Philadelphia International Airport under the Executive Order would be admitted to the United States and released from custody on Sunday, January 29, 2017; DHS's "Response to Recent Litigation" statement, issued on January 29, 2017; DHS Secretary John Kelly's "Statement on the Entry of Lawful Permanente Residents Into the United States, " issued on January 29, 2017; DHS's "Statement on Compliance with Court Orders and the President's Executive Order," issued on January 29, 2017; any other judicial order or executive directive issued regarding the Executive order on or after January 27, 2017; records concerning the number of individuals who were detained or subjected to secondary screening, extending questioning, an enforcement examination, or consideration for a waiver at Local

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 26 of 30
International Airports pursuant to the Executive Order, including: the total number of individuals who remain detained or subject to secondary screening, extending questioning, an enforcement examination, or consideration for a waiver at Local International Airports both as of the date of this request and as of the date on which this request is processed; and the total number of individuals who have been detained or subjected to secondary screening, extending questioning, an enforcement examination, or consideration for a waiver for any length of time at Local International Airports since January 27, 2017, including the number of individuals who have been release, transferred into immigration detention, or removed from the United States; records concerning the number of individuals who have been removed from Local International Airports from January 27, 2017, to date pursuant to the Executive Order; records concerning the number of individuals who arrived at Local International Airport from January 27, 2017 to date with valid visas or green cards who subsequently agreed voluntarily to return; am records containing the "guidance" that was "provided to DHS field personnel shorty" after President Trump signed the Executive Order. This office received your request on February 10, 2017. Because your request was not specifically addressed to this office, your letter was initially sent to Customs and Border Protection for routing and was received by this office on February 10, 2017.
As it relates to your request for expedited processing and fee waiver, your request is granted. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Consistent with 6 C.F.R. § 5.5(a) of the DHS FOIA regulations, the Department processes FOIA requests according to their order of receipt. Although DHS’ goal is to respond within 20 business days of receipt of your request, FOIA does permit a 10-day extension of this time period in certain circumstances. As your request seeks documents that will require a thorough and wide-ranging search, DHS will invoke a 10-day extension for your request pursuant to 5 U.S.C. § 552(a)(6)(B). If you would like to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner.
FOR COMMERCIAL REQUESTERS:
Provisions of the FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to commercial requesters. As a commercial requester, you will be charged 10 cents per page for duplication, and for search and review time at the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher and reviewer. We will construe the submission of your request as an agreement to pay up to $25.00. This office will contact you before accruing any further fees.
We have queried the appropriate component(s) of DHS for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned reference number 2017-HQFO-00372. Please refer to this identifier in any future correspondence. To check the status of your FOIA request, you may

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 27 of 30
contact this office at 1-866-431-0486 or 202-343-1743, or you may check the status of your request online at http://www.dhs.gov/foia-status.
Sincerely,
Catherine Pruitt FOIA Program Specialist

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 28 of 30
Exhibit E

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 29 of 30
U.S. Department of Homeland Security Washington, DC 20528
Homeland Security
February 14, 2017
SENT VIA E-MAIL TO: esaldivar@aclutx.org
Mitra Ebadolahi ACLU Border Litigation Project PO BOx 87131 San Diego, CA 92138-7131
Re: 2017-HQFO-00372
Dear Mitra Ebadolahi:
This is a corrected acknowledgement letter of your February 10, 2017, Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), for records created on or after January 27, 2017 concerning CBP's interpretation, enforcement, and implementation of the President's Executive Order "Protecting the Nation from Foreign Terrorist Entry into the United States" at local (Houston) International Airports; President Trump's Executive Order, signed on January 27, 2017 and titled "Protecting the Nation from Foreign Terrorist Entry Into the United States"; any guidance "provided to DHS field personnel shortly" after President Trump signed the Executive Order; Associate Director of Field Operations for U.S. Citizenship and Immigration Services Daniel M. Renaud's email, sent at 11:12 am on January 27, 2017, instructing DHS employees that they could not adjudicate any immigration claims from the seven targeted countries; Judge Donnelly's Decision and Order granting an Emergency Motion for Stay of Removal, issued in the Eastern District of New York on January 27, 2017, including records related to CBP's efforts to comply with the court's oral order requiring prompt production of a list of all class members detained by CBP; Judge Brinkema's Temporary Restraining Order, issued in the Eastern District of Virginal on January 28, 2017; Judge Zilly's Order Granting Emergency Motion for Stay of Removal, issues in the Western District of Washington on January 28, 2017; Judge Burroughs' Temporary Restraining Order, issued in the District of Massachusetts on January 29, 2017; Judge Gee's Order granting an Amended Ex Parte Application for Temporary Restraining Order, issued in the Central District of California on January 29, 2017; Assurances from the U.S. Attorney's Office for the Eastern District of Pennsylvania that all individuals detained at Philadelphia International Airport under the Executive Order would be admitted to the United States and released from custody on Sunday, January 29, 2017; DHS's "Response to Recent Litigation" statement, issued on January 29, 2017; DHS Secretary John Kelly's "Statement on the Entry of Lawful Permanente Residents Into the United States, " issued on January 29, 2017; DHS's "Statement on Compliance with Court Orders and the President's Executive Order," issued on January 29, 2017; any other judicial order or executive directive issued regarding the Executive order on or after January 27, 2017; records concerning the number of individuals who were detained or subjected to secondary screening, extending questioning, an enforcement examination, or consideration for a waiver at Local

Case 4:17-cv-01128 Document 1-2 Filed in TXSD on 04/12/17 Page 30 of 30
International Airports pursuant to the Executive Order, including: the total number of individuals who remain detained or subject to secondary screening, extending questioning, an enforcement examination, or consideration for a waiver at Local International Airports both as of the date of this request and as of the date on which this request is processed; and the total number of individuals who have been detained or subjected to secondary screening, extending questioning, an enforcement examination, or consideration for a waiver for any length of time at Local International Airports since January 27, 2017, including the number of individuals who have been release, transferred into immigration detention, or removed from the United States; records concerning the number of individuals who have been removed from Local International Airports from January 27, 2017, to date pursuant to the Executive Order; records concerning the number of individuals who arrived at Local International Airport from January 27, 2017 to date with valid visas or green cards who subsequently agreed voluntarily to return; am records containing the "guidance" that was "provided to DHS field personnel shorty" after President Trump signed the Executive Order. This office received your request on February 10, 2017.
As it relates to your request for expedited processing and fee waiver, your request is granted.
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Consistent with 6 C.F.R. § 5.5(a) of the DHS FOIA regulations, the Department processes FOIA requests according to their order of receipt. Although DHS’ goal is to respond within 20 business days of receipt of your request, FOIA does permit a 10-day extension of this time period in certain circumstances. As your request seeks documents that will require a thorough and wide-ranging search, DHS will invoke a 10-day extension for your request pursuant to 5 U.S.C. § 552(a)(6)(B). If you would like to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner.
We have queried the appropriate component(s) of DHS for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned reference number 2017-HQFO-00372. Please refer to this identifier in any future correspondence. To check the status of your FOIA request, you may contact this office at 1-866-431-0486 or 202-343-1743, or you may check the status of your request online at http://www.dhs.gov/foia-status.
Sincerely,
Angela Washington Director of Disclosure

 
 Case 4:17-cv-01128 Document 32 Filed on 12/14/18 in TXSD Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

ACLU FOUNDATION OF TEXAS, INC.,

§

§

Plaintiff,

§

§

v.

§

§

U.S. DEPARTMENT OF HOMELAND

§

SECURITY and U.S. CUSTOMS AND

§

BORDER PROTECTION,

§

§

Defendants.

§

Civil Action No. 4:17cv-01128

JOINT STATUS REPORT The Parties hereby provide the following update on the status of the instant case. Since receiving Plaintiff’s request (the “Request”) under the Freedom of Information Act in February 2017, Defendants have processed approximately 13,838 pages of potentially responsive documents in responding to Plaintiff’s request. Of those processed pages, Defendants have released in whole or in part (or in some cases withheld in full pursuant to statutory exemptions from production) 6,893 pages of records responsive to Plaintiff’s request, including 292 spreadsheets.1 The most recent production of documents occurred on November 29, 2018. On December 3, 2018, counsel for Defendants advised counsel for Plaintiff that Defendants had completed

1 Plaintiff states that Defendants sought and were denied transfer of the instant request to a multidistrict litigation panel, which would have transferred 13 actions concerning FOIA requests to obtain local records concerning the implementation of President Trump’s January 27 Executive Order. (Plaintiff states that its request concerns local records specific to implementation only at Houston’s Bush Continental Airport and Dallas/Ft. Worth International Airport.) Before the request to transfer to MDL was denied in August 2017, Defendants aggregated all of the requests at issue and released 242 pages of documents, 214 of which they subsequently identified as responsive to all of the ACLU affiliate requests for CBP field records, which includes Plaintiff’s request.

Case 4:17-cv-01128 Document 32 Filed on 12/14/18 in TXSD Page 2 of 3

their response to Plaintiff’s Request. Plaintiff is in the process of reviewing the additional

responsive materials and evaluating whether it will seek any further action from the court.

The Parties propose filing a further joint status report by January 30, 2019.

Dated: December 14, 2018

Respectfully submitted,

/s/ Edgar Saldivar Edgar Saldivar Texas Bar No. 24038188 SD Texas Bar No. 618958 Attorney-in-Charge ACLU FOUNDATION OF TEXAS, INC 5225 Katy Freeway, Suite 350 Houston, Texas 77007 Tel: 713-942-8146 Fax: 713-942-8966

Kali Cohn Texas Bar. No. 24092265 S.D. Tex. Bar No. 2461809 ACLU FOUNDATION OF TEXAS, INC 6440 N. Central Expressway Dallas, TX 75206 Tel: 214-346-6577 Fax: 713-942-8966

Attorneys for Plaintiff ACLU FOUNDATION OF TEXAS, INC.

JOSEPH H. HUNT Assistant Attorney General
RYAN K. PATRICK United States Attorney
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
ANDREW A. BOBB Assistant United States Attorney
/s/ James Powers JAMES R. POWERS

Case 4:17-cv-01128 Document 32 Filed on 12/14/18 in TXSD Page 3 of 3
Trial Attorney Federal Programs Branch U.S. Department of Justice, Civil Division SBOT No. 24092989 Fed. Bar No. 2717214 1100 L Street, NW Washington, DC 20005 Telephone: (202) 353-0543 Email: james.r.powers@usdoj.gov
ATTORNEYS IN CHARGE FOR DEFENDANTS

 
 Create an Alert for This Case on RECAP
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:17-cv-01128

CLOSED

ACLU Foundation of Texas, Inc. v. U.S. Customs and Border Protection et al Assigned to: Judge Vanessa D Gilmore Cause: 05:552 Freedom of Information Act

Date Filed: 04/12/2017 Date Terminated: 02/12/2019 Jury Demand: Plaintiff Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

Plaintiff ACLU Foundation of Texas, Inc.

represented by Edgar Saldivar American Civil Liberties Union of Texas 5225 Katy Freeway Suite 350 Houston, TX 77007 7139428146 Fax: 7139428966 Email: esaldivar@aclutx.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kali Alanna Cohn American Civil Liberties Union of Texas 6440 N Central Expwy Dallas, TX 75206 214-346-6577 Email: kcohn@aclutx.org ATTORNEY TO BE NOTICED

V.
Defendant
U.S. Customs and Border Protection

represented by James Ryan Powers U.S. Department of Justice

Defendant
U.S. Department of Homeland Security

Civil Division, Federal Programs Branch 1100 L Street, NW Washington, DC 20005 202-353-0543 Email: james.r.powers@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew A Bobb Office of the US Attorney 1000 Louisiana Ste. 2300 Houston, TX 77002 713-567-9766 Fax: 713-718-3303 Email: andrew.bobb@usdoj.gov ATTORNEY TO BE NOTICED
represented by Andrew A Bobb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Ryan Powers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/12/2017
04/13/2017

# Docket Text
1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-18210188) filed by ACLU Foundation of Texas, Inc..
(Attachments: # 1 Complaint, # 2 Exhibit)(Saldivar, Edgar) (Entered: 04/12/2017)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/1/2017 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(LinhthuDoadi, ) (Entered: 04/13/2017)

04/20/2017 3 NOTICE of Related Cases by ACLU Foundation of Texas, Inc., filed. (Saldivar, Edgar) (Entered: 04/20/2017)

04/26/2017

4 Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation)(Saldivar, Edgar) (Entered: 04/26/2017)

04/27/2017 5 CERTIFICATE OF INTERESTED PARTIES by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 04/27/2017)

05/02/2017

Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security. Issued summons delivered to plaintiff by First-class mail, filed.(jdav, 4) (Entered: 05/02/2017)

05/08/2017

6 NOTICE of motion filed with the United States Judicial Panel on MultiDistrict Litigation to Transfer this Action Pursuant to 28 USC 1407 by U.S. Department of Homeland Security, filed. (Attachments: # 1 Exhibit index of exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bobb, Andrew) (Entered: 05/08/2017)

05/11/2017 7 Letter re: Defendant's Transfer Motion, filed. (agarcia, 7) (Entered: 05/11/2017)

05/12/2017

8 RETURN of Service of SUMMONS Executed as to U.S. Customs and Border Protection served on 5/11/2017, answer due 7/10/2017, filed.(Saldivar, Edgar) (Entered: 05/12/2017)

05/12/2017

9 RETURN of Service of SUMMONS Executed as to U.S. Department of Homeland Security served on 5/11/2017, answer due 7/10/2017, filed.(Saldivar, Edgar) (Entered: 05/12/2017)

05/25/2017

10 Unopposed MOTION for Extension of Time Respond to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. Motion Docket Date 6/15/2017. (Attachments: # 1 Proposed Order)(Bobb, Andrew) (Entered: 05/25/2017)

05/26/2017

11 ORDER granting 10 Motion for Extension of Time to Respond to Complaint; Answer due for U.S. Customs and Border Protection 7/27/2017; U.S. Department of Homeland Security 7/27/2017. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 05/26/2017)

05/30/2017

12 NOTICE OF MEMORANDUM OF PLAINTIFFS, 42 AMERICAN CIVIL LIBERTIES UNION AFFILIATES, IN OPPOSITION TO DEFENDANTS MOTION FOR TRANSFER TO THE DISTRICT OF COLUMBIA FOR CONSOLIDATION re: 6 Notice (Other), by ACLU Foundation of Texas,

Inc., filed. (Attachments: # 1 Exhibit)(Saldivar, Edgar) (Entered: 05/30/2017)

05/31/2017 13 COPIES OF DOCUMENTS FILED IN THE MDL CASE, filed.(SandraSilva, 7) (Entered: 06/01/2017)

06/02/2017

14 Copies of Documents Filed in the MDL Case, filed.(MonicaBalboa, ) (Additional attachment(s) added on 6/2/2017: # 1 Attachment) (MonicaBalboa, ). (Entered: 06/02/2017)

06/06/2017

15 NOTICE Reply Notice in Support of Defendants' Motion for Transfer of Action Pursuant to 18 USC 1407 by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. (Attachments: # 1 Exhibit Reply in Support of Defendants' Motion for Transfer of Actions Pursuant to 28 USC 1407)(Bobb, Andrew) (Entered: 06/06/2017)

06/23/2017

16 Unopposed MOTION to Stay Proceedings by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. Motion Docket Date 7/14/2017. (Attachments: # 1 Proposed Order)(Hu, Daniel) (Entered: 06/23/2017)

06/26/2017

17 ORDER granting 16 Motion to Stay Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation on Defendant's Motion to Transfer. In the event that the Judicial Panel on Multidistrict Litigation denies the motion to transfer, Defendants shall file their responsive pleading no later than 14 days after the date of the denial. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 06/26/2017)

08/04/2017

18 NOTICE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION ORDER DENYING TRANSFER by ACLU Foundation of Texas, Inc., filed. (Saldivar, Edgar) (Entered: 08/04/2017)

08/16/2017

19 ANSWER to 1 Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed.(Bobb, Andrew) (Entered: 08/16/2017)

08/17/2017

20 Agreed MOTION for Continuance of Initial Pretrial & Scheduling Conference by ACLU Foundation of Texas, Inc., filed. Motion Docket Date 9/7/2017. (Saldivar, Edgar) (Entered: 08/17/2017)

08/22/2017

21 NOTICE of Appearance by James R. Powers on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. (Powers, James) (Entered: 08/22/2017)

08/22/2017

22 Memorandum and Order Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 08/22/2017)

08/24/2017

23 ORDER granting 20 Agreed MOTION for Continuance of Initial Pretrial & Scheduling Conference. (Scheduling Conference reset for 9/15/2017 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore) (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 08/24/2017)

09/05/2017 24 JOINT DISCOVERY/CASE MANAGEMENT PLAN by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 09/05/2017)

09/13/2017

25 NOTICE of Resetting. Parties notified. Scheduling Conference set for 10/20/2017 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore, filed. (bthomas, 4) (Entered: 09/13/2017)

10/20/2017

Minute Entry for proceedings held before Judge Vanessa D Gilmore. SCHEDULING CONFERENCE held on 10/20/2017. A Status Report is due by 1/8/2018. Scheduling Order entered. Order to follow.. Appearances: Edgar Saldivar, Kali Cohen, James Powers.(Court Reporter: Mayra Malone), filed.(bthomas, 4) (Entered: 10/20/2017)

10/20/2017

26 ORDER FOR STATUS REPORT. Status Report due by 1/8/2018(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 10/20/2017)

10/20/2017

27 SCHEDULING ORDER. Plaintiff to send Requests for Production and Interrogatories regarding search terms by 11/3/2017; Responses due by 12/4/2017; Status Report due by 1/8/2018. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 10/20/2017)

11/08/2017

28 AO 435 TRANSCRIPT REQUEST by James R. Powers for Transcript of Scheduling Conference on 10/20/17 before Judge Gilmore. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Mayra Malone, filed. (Powers, James) (Entered: 11/08/2017)

11/17/2017

29 TRANSCRIPT re: Initial Conference held on October 20, 2017 before Judge Vanessa D Gilmore. Court Reporter/Transcriber Mayra Malone. Ordering Party James R. Powers Release of Transcript Restriction set for 2/15/2018., filed. (mmalone, ) (Entered: 11/17/2017)

11/20/2017 30 Notice of Filing of Official Transcript as to 29 Transcript. Party notified, filed. (hcarr, 4) (Entered: 11/20/2017)

01/08/2018 31 STATUS REPORT by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 01/08/2018)

12/14/2018 32 STATUS REPORT by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 12/14/2018)

01/23/2019

33 Unopposed MOTION to Stay by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. Motion Docket Date 2/13/2019. (Attachments: # 1 Proposed Order)(Powers, James) (Entered: 01/23/2019)

01/23/2019

34 ORDER granting 33 Motion to Stay in Light of Lapse of Appropriations. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 01/23/2019)

01/28/2019

35 NOTICE of Restoration of Appropriations re: 34 Order on Motion to Stay by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. (Powers, James) (Entered: 01/28/2019)

02/01/2019 36 STIPULATION of Dismissal by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 02/01/2019)

02/12/2019

37 ORDER OF DISMISSAL granting 36 Stipulation of Dismissal. Case terminated on 2/12/2019. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 02/12/2019)

PACER Service Center
Transaction Receipt

PACER Login:
Description:
Billable Pages:

03/01/2021 20:20:44

CRClearinghouse:2563377:0 Client Code: Leake

Docket Report

Search Criteria:

4:17-cv01128

4

Cost:

0.40