Skip to content

Case Detail

[Subscribe to updates]
Case TitleAGUASVIVAS v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02822
Date Filed2020-10-05
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffCRISTIAN AGUASVIVAS
Case DescriptionCristian Aguasvivas, who was fighting extradition to the Dominican Republic pertaining to an alleged 2013 murder, submitted FOIA requests to U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, and the Department of State. Aguasvivas submitted two FOIA requests to ICE for records. One was for records of communications concerning him while the other was for records concerning the U.S. policy on returning individuals who might face torture in their home country. ICE disclosed 10 pages of heavily redacted emails in response to the first request, with redactions under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Aguasvivas filed an administrative appeal of the response. ICE upheld its exemption claims but agreed to conduct a broader search. However, the agency had not conducted a search before Aguasvivas filed suit. In response to his second request to ICE pertaining to policies to not return individuals subject to torture in their home countries, ICE told Aguasvivas that his request was too broad to search. He appealed that decision, but the agency upheld it. Aguasvivas asked USCIS for his files. The agency provided 1527 pages entirely, 46 pages in part, but withheld an additional 332 pages. Aguasvivas filed an administrative appeal of the response but heard nothing further from the agency before filing suit. Aguasvivas's request to the Department of State asked for records concerning his extradition. The agency acknowledged receipt of that request, but after hearing nothing further from any of the agencies, Aguavivas filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantU.S. CITIZENSHIP AND IMMIGRATION SERVICES
DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-051COMPLAINT against U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number ADCDC-7673179) filed by CRISTIAN AGUASVIVAS. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Summons AG, # 22 Summons DOS, # 23 Summons ICE, # 24 Summons USAO, # 25 Summons USCIS)(Marx, Daniel) (Entered: 10/05/2020)
2020-10-052ERRATA to add Parties' mailing addresses by CRISTIAN AGUASVIVAS 1 Complaint,, filed by CRISTIAN AGUASVIVAS. (Marx, Daniel) (Entered: 10/05/2020)
2020-10-053MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy Barsky, Filing fee $ 100, receipt number ADCDC-7675184. Fee Status: Fee Paid. by CRISTIAN AGUASVIVAS (Attachments: # 1 Affidavit Affidavit of Amy Barsky, # 2 Text of Proposed Order Proposed Order)(Marx, Daniel) (Entered: 10/05/2020)
2020-10-05Case Assigned to Judge Amy Berman Jackson. (adh, ) (Entered: 10/05/2020)
2020-10-054SUMMONS (5) Issued Electronically as to U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF STATE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/05/2020)
2020-10-06MINUTE ORDER granting 3 Motion for Leave of Amy Barksy to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Amy Berman Jackson on 10/6/20. (DMK) (Entered: 10/06/2020)
2020-10-065NOTICE of Appearance by Amy Barsky on behalf of CRISTIAN AGUASVIVAS (Barsky, Amy) (Entered: 10/06/2020)
2020-10-076AMENDED COMPLAINT against All Defendants filed by CRISTIAN AGUASVIVAS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Barsky, Amy) (Entered: 10/07/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar