NATIONAL PRESS CLUB JOURNALISM INSTITUTE et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al

We have added 88 documents from 13 FOIA cases filed between December 9, 2018 and December 15, 2018. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. NATIONAL PRESS CLUB JOURNALISM INSTITUTE et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Dec 13, 2018)
   Kathy Kiely, Press Freedom Fellow at the National Press Club Journalism Institute, submitted a FOIA request to the Department of Homeland Security for records concerning Emilio Gutierrez Soto, a Mexican journalist who had sought asylum in the U.S. and been denied asylum in 2017, and his son Oscar Gutierrez Soto. The National Press Club had honored Gutierrez Soto and taken up his cause. The agency acknowledged receipt of the request. After hearing nothing from the agency, Kiely filed an administrative appeal with U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services. ICE remanded her request for processing, but USCIS told Kiely delay was not a basis for an appeal. After hearing nothing further from either agency, NPCJI and Kiely filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees
2. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Dec 10, 2018)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for records concerning the FBI’s investigation into who leaked information to Rudy Giuliani pertaining to former FBI director James Comey’s decision to reopen the investigation on Hillary Clinton’s emails just before the election. CREW also asked for a fee waiver. The agency acknowledged receipt of the request and granted CREW’s request for a fee waiver. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Human Rights Watch v. U.S. Central Command et al (filed Dec 10, 2018)
   Human Rights Watch submitted FOIA requests to U.S. Central Command and other components of the Department of Defense for records concerning alleged mistreatment of detainees held by U.S. or Afghani military forces in Afghanistan from September 2001 to the present. Human Rights Watch also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request and a number of them denied Human Rights Watch’s request for expedited processing. After hearing nothing substantive from any component, Human Rights Watch filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. American Civil Liberties Union Immigrants' Right Projects et al v. United States Immigration and Customs Enforcement (filed Dec 11, 2018)
   The ACLU’s Immigrants’ Rights Project submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning parole decisions for asylum seekers who enter at a port of entry. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU’s Immigrants’ Rights Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES DEPARTMENT OF ENERGY (filed Dec 11, 2018)
   The Competitive Enterprise Institute submitted a FOIA request to the Department of Energy for records concerning a tax credit for capturing carbon dioxide. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CEI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CENTER FOR INVESTIGATIVE REPORTING v. U.S. CUSTOMS AND BORDER PROTECTION et al (filed Dec 11, 2018)
   The Center for Investigative Reporting submitted a FOIA request to U.S. Customs and Border Protection for contract proposals submitted to build to a wall on the Mexican-U.S. border near Chula Vista, CA. CIR also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency denied the request under Exemption 4 (confidential business information). CIR filed an administrative appeal. In response to CIR’s appeal, the agency told CIR that it had located 6,762 pages. It disclosed 1,019 unredacted pages and 155 pages with redactions, and withheld 5,558 pages under Exemption 3 (other statutes), Exemption 4, Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). CIR then filed suit.
   Issues: Litigation – Attorney’s fees
7. New York Civil Liberties Union v. United States Immigration and Customs Enforcement (filed Dec 11, 2018)
   The New York Civil Liberties Union submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning custody determinations. NYCLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. It denied the NYCLU’s request for expedited processing but granted its request for a fee waiver. The NYCLU filed an administrative appeal of the agency’s denial of expedited processing. The agency upheld its denial of expedited processing. After hearing nothing further from the agency, NYCLU filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. PHILLIPS v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Dec 12, 2018)
   Joshua Phillips, a journalist, submitted a FOIA request to the Department of Homeland Security for records concerning the downgrading of the domestic terrorism unit. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, Phillips filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. TOBIAS v. U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY (filed Dec 12, 2018)
   Jimmy Tobias, a free-lance journalist, submitted 12 FOIA requests to the Department of the Interior for records concerning communications between named agency officials and outside parties. The agency acknowledged receipt of the requests and asked Tobias to narrow the scope of several requests, which he did. After hearing nothing further from the agency concerning any of his requests, Tobias filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF STATE (filed Dec 12, 2018)
    Democracy Forward Foundation submitted a FOIA request to the Department of State for records concerning visa denial determinations for FY 2018. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
11. Moujtahid et al v. United States Citizenship and Immigration Services et al (filed Dec 12, 2018)
    Jay Gairson, an attorney representing Fatima Moujtahid, submitted a FOIA request on her behalf to U.S. Citizenship and Immigration Services for records concerning her and her child. The agency told Gairson that he had failed to perfect his request. Gairson then submitted a second request. This time the agency told Gairson that it could not locate his first request. After hearing nothing further from the agency, Moujtahid filed suit.
    Issues: attorney’s fees, Failure to respond within statutory time limit, Public Interest Fee Waiver
12. Bunch v. United States Department of Education (filed Dec 14, 2018)
    Peg Bunch submitted a FOIA request to the Department of Education for records concerning contracts between the agency and private collection agencies. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Bunch filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Stiso v. United States Department Of Justice et al (filed Dec 14, 2018)
    Pasquale Stiso, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning complaints or disciplinary action take against Assistant U.S. Attorney Anthony Mahajan in the Newark office of the U.S. Attorney. DOJ acknowledged receipt of the request and issued a Glomar response neither confirming nor denying the existence of records. Stiso filed an administrative appeal with the Office of Information Policy, which upheld the agency’s Glomar response. Stiso also submitted a FOIA request to the FBI for records about himself. The FBI acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding), arguing that Stiso could still pursue post-conviction relief. Stiso filed an administrative appeal of the FBI’s denial with OIP, which upheld the FBI’s decision. Stiso then filed suit.
    Issues: Exemption 7(A) – Interference with ongoing investigation

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• N'JAI v. BERRYHILL et al (filed Dec 4, 2018)