The Children’s Advocacy Institute v. Office of Refugee Resettlement, Administration for Children and Families e…

We have added 86 documents from 15 FOIA cases filed between March 10, 2019 and March 16, 2019. 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. The Children's Advocacy Institute v. Office of Refugee Resettlement, Administration for Children and Families et al (filed Mar 11, 2019)
   The Children’s Advocacy Institute submitted FOIA requests to the Office of Refugee Resettlement at the Administration for Children and Families and the Department of Homeland Security for records concerning the number of adults detained for immigration-related offenses, including whether they were accompanied by minor children, for each month beginning in January 2018. The agencies acknowledged receipt of the request. U.S. Immigration and Customs Enforcement told the Institute that because its request did not identify individuals it could not search for the data. The Institute filed an administrative appeal of that decision. U.S. Customs and Border Protection asked the Institute to clarify its request. The Institute did so. After hearing nothing further from any of the agencies, the Children’s Advocacy Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Mar 11, 2019)
   Citizens United submitted a FOIA request to the Department of State for emails from a variety of former State Department officials to various named individuals. Citizens United also requested expedited processing. The agency acknowledged receipt of the request and denied Citizens United’s request for expedited processing. After hearing nothing further from the agency, Citizens United filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. JUDICIAL WATCH, INC. v. CENTRAL INTELLIGENCE AGENCY (filed Mar 11, 2019)
   Judicial Watch submitted a FOIA request to the CIA for records concerning a 1996 report by the CIA Inspector General pertaining to a drug-running, money-laundering operation involving the airport at Mena, Arkansas. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. HUMAN RIGHTS DEFENSE CENTER v. IMMIGRATION & CUSTOM'S ENFORCEMENT (filed Mar 11, 2019)
   The Human Rights Defense Center, previously known as Prison Legal News, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning six specific contracts awarded to MVM, a private security contractor. HRDC also requested a fee waiver. The agency acknowledged receipt of the request and subsequently told HRDC that it could not find any records. HRDC filed an administrative appeal. In response to the appeal, the agency remanded the request for a further search. However, after hearing nothing further from the agency, HRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF INTERIOR et al (filed Mar 12, 2019)
   The Center for Biological Diversity submitted four FOIA requests to the Department of Interior and U.S. Fish and Wildlife Service for records concerning revised guidance for processing FOIA requests. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CENTER FOR BIOLOGICAL DIVERSITY, INC. v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Mar 12, 2019)
   The Center for Biological Diversity submitted FOIA requests to the EPA for records concerning the agency’s FOIA operations. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. ELECTRONIC PRIVACY INFORMATION CENTER v. U.S. CUSTOMS AND BORDER PROTECTION (filed Mar 12, 2019)
   The Electronic Privacy Information Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning the creation and modification of CBP’s “Biometric Exit Frequently Asked Questions” webpage. EPIC also requested inclusion in the news media fee category and expedited processing. EPIC was able to confirm that the request was delivered through the Postal Service, but did not receive an acknowledgment from the agency. After EPIC called the agency to inquire about the status of the request, CBP told EPIC that it could not locate the request and that its FOIA processing was backlogged because of the government shutdown. After hearing nothing further from the agency, EPIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE INTERIOR (filed Mar 12, 2019)
   American Oversight submitted five FOIA requests to the Department of the Interior for records concerning acting Secretary David Bernhardt, including his contacts with former clients, travel and security costs, and ethics compliance. AO also requested expedited processing after President Trump announced that he would nominate Bernhardt to replace former Secretary Ryan Zinke. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, AO filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. DEPARTMENT OF THE NAVY (filed Mar 12, 2019)
   Public Employees for Environmental Responsibility submitted two FOIA requests to the Department of the Navy for records concerning testing for contaminants at several Navy and Marine bases in California. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Lawyers Committee for Civil Rights of the San Francisco Bay Area et al v. U.S. Department of Homeland Security et al (filed Mar 13, 2019)
    The Lawyers Committee for Civil Rights of the San Francisco Bay Area and a number of other Bay area social justice organizations submitted FOIA requests to U.S. Citizenship and Immigration Services – one to the national office and one to the San Francisco office – for records concerning the use of gang indicators to assess whether asylum applicants are gang members. The agency acknowledged receipt of the requests, closed the FOIA request submitted to the agency’s San Francisco office as a duplicate, and invoked a 10-day extension. After hearing nothing further from the agency, the Lawyers Committee filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Aguirre v. United States Nuclear Regulatory Commission et al (filed Mar 14, 2019)
    Michael Aguirre submitted FOIA requests to the Nuclear Regulatory Commission for records concerning the storage of nuclear waste at a beach near San Diego. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Aguirre filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Jordan v. District 5 Foundation for Educational Excellence (filed Mar 14, 2019)
    Diana Jordan filed suit against the District 5 Foundation for Educational Excellence after the foundation did not fund her application for roof repairs. This is not a FOIA claim.
    Issues: FOIA not mentioned
13. CENTER FOR BIOLOGICAL DIVERSITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Mar 15, 2019)
    The Center for Biological Diversity submitted a FOIA request to the EPA for records concerning the agency’s proposed rule to revise the fuel-efficiency standards for vehicles. The agency acknowledged receipt of the request and asked CBD to clarify its request. CBD did so. After hearing nothing further from the agency, CBD filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 15, 2019)
    Judicial Watch submitted a FOIA request to the FBI for records concerning communications involving the FBI Director, the Deputy Director and the Office of General Counsel pertaining to possible Russian interference in the 2016 presidential campaign. The agency acknowledged receipt of the request and told Judicial Watch that all responsive records fell under Exemption 7(A) (interference with ongoing investigation or proceeding). Judicial Watch filed an administrative appeal with the Office of Information Policy, which upheld the FBI’s denial. Judicial Watch then submitted a second FOIA request to the Justice Department for records concerning communications involving the Attorney General and Deputy Attorney General pertaining to the investigation of Russian interference in the 2016 presidential campaign. After hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
15. HITCH v. CISSNA (filed Mar 15, 2019)
    Catherine Hitch, a former employee of U.S. Citizenship and Immigration Services, submitted a FOIA request to the agency for records concerning a contract with Pitney Bowes for equipment and services to agency offices. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Hitch filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Reynolds v. United States of America et al (filed Mar 8, 2019)
• PHILIPS v. RIEHL et al (filed Mar 4, 2019)