American Immigration Council v. United States Citizenship and Immigration…

Background

American Immigration Council, American Immigration Lawyers Association, and Human Rights Watch brought this Freedom of Information Act case against United States Citizenship and Immigration Services, United States Customs and Border Protection, and United States Immigration and Customs Enforcement. The case concerns four information requests about the Migrant Protection Protocols.

The parties described developments concerning that program, including the Supreme Court's June 30, 2022, decision reversing the Fifth Circuit's decision and holding that the administration's rescission of the program was a valid final agency action. The parties stated that, in light of that decision, they understood the program would not be implemented going forward and believed the case could be resolved, but needed additional time to reach an agreement.

Request and Order

The parties jointly requested that the August 3, 2022, Further Case Management Conference be vacated and continued to October 3, 2022, or as soon thereafter as the court was available. They stated that judicial intervention was not then needed and that their earlier joint case-management statement remained accurate.

The court ordered the conference vacated and continued it, as modified, to October 5, 2022, at 1:30 p.m. in Oakland by videoconference only. The court also ordered the parties to file an updated joint case-management conference statement by September 28, 2022.

Result

This was a scheduling order. It did not decide the merits of the Freedom of Information Act claims or otherwise resolve the parties' dispute. Judge Ryu ordered the conference continued as modified.