Case: Families for Freedom v. Chertoff
1:08-cv-04056 | U.S. District Court for the Southern District of New York
Filed Date: April 20, 2008
Closed Date: 2009
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Case Summary
On April 20, 2008, Families for Freedom and the National Immigration Project filed a lawsuit under the Administrative Procedures Act against the Department of Homeland Security in the U.S. District Court for the Southern District of New York. The plaintiffs complained that the defendants had failed to promulgate regulations governing facilities in which DHS detains immigrants, despite the fact that the plaintiffs had previously petitioned them to establish such regulations. Plaintiffs alleged that DHS' failure to respond to the petition violated § 706(1) of the Administrative Procedure Act (APA), requiring a reasoned and timely response to the petition and that the constructive denial of the petition was arbitrary, capricious, and an abuse of discretion under § 706(2) of the APA.
On June 25, 2009, the court (Judge Denny Chin) denied the defendant's motion to dismiss, holding that the plaintiffs properly stated a claim that DHS violated the APA. Further, the court found that the defendants' delay in responding to the petition was unreasonable. Because it held that the defendants had not yet responded to plaintiffs' petition within the meaning of the APA, the court dismissed plaintiffs' constructive denial claim as moot. The court ordered the agency to decide plaintiffs' petition within 30 days and closed the case.
Summary Authors
Kristen Sagar (8/19/2009)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4342049/parties/families-for-freedom-v-chertoff/
Chin, Denny (New York)
Wishnie, Michael J. (Connecticut)
Bober, David (New York)
Dassin, Lev L. (New York)
Lute, Jane Holl (District of Columbia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4342049/families-for-freedom-v-chertoff/
Last updated April 6, 2025, 2:37 p.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 20, 2008
Closing Date: 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Families for Freedom, the National Immigration Project of the National Lawyers Guild, and two individuals who had been held in detention facilities
Plaintiff Type(s):
Attorney Organizations:
Jerome N. Frank Legal Services Organization (Yale)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
Department of Homeland Security
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Other Dockets:
Southern District of New York 1:08-cv-04056
Southern District of New York 1:08-40567
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General/Misc.:
Immigration/Border:
Undocumented immigrants - rights and duties
Case Summary of Families for Freedom v. Chertoff, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10963/ (last updated 8/19/2009).