Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that the Board of Supervisors of Prince William County failed to exhaust administrative remedies when the Board did not appeal responses from Immigration and Customs Enforcement and Citizenship and Immigration Services to its request concerning the identity of aliens being held on immigration charges in the Prince William County jail. ICE responded to the Board's request by disclosing a redacted spreadsheet, making a number of exemption claims, and referring another part of the Board's request to CIS. CIS said it was still working on the request and needed the Board to provide written consent and verification of identity for the aliens. The Board then filed suit, contending that the responses it received from both agencies did not constitute determinations triggering the need to administratively appeal. The court first noted that "the [ICE] response to items (1) and (3) of the FOIA request was clearly a 'determination' which the Board was obligated to administratively appeal. The response informed the Board that records responsive to items (1) and (3) of the FOIA request had been located, stated the reasons for the redactions in the attached spreadsheet, and notified the Board of its right to appeal. Thus, ICE properly responded to items (1) and (3) of the Board's FOIA request before the filing of this suit, and the Board is not entitled to constructive exhaustion as to this portion of its claim." The court then noted that "compliance with both FOIA and agency requirements is necessary before the agency can release the requested records." In this case, this included both the need to better describe the records sought by providing verification information as well as securing the consent of the aliens to disclosure of personal information. The court observed that "the Board asserts that it is challenging the lawfulness of [Homeland Security's] consent requirement, and that prudential considerations therefore weigh against exhaustion. Such a challenge turns on statutory interpretation, which does not lie in the judiciary's areas of expertise." The court indicated that "the Board neglects to explain why or how CIS should have been able to determine which alien files correspond with individuals taken into custody in Prince William County without the aid of the additional information it requested. Whether this request for additional information was reasonable is a question that is fact-based and agency-specific. It is therefore appropriate to require the Board to seek further administrative review before pursuing judicial intervention."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2011-08-04	1	COMPLAINT against U.S. Department of Homeland Security ( Filing fee $ 350 receipt number 14683023275.), filed by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Civil Cover Sheet, # 13 Letter, # 14 Receipt)(nhall) (Entered: 08/04/2011)
2011-08-19	2	Summons Issued and given for service by Certified Mail as to U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General. (nhall) (Entered: 08/19/2011)
2011-08-24	4	Certificate Reporting Service United States Attorney served on 8/22/2011, answer due 10/21/2011. (nhall) (Entered: 08/26/2011)
2011-08-25	3	NOTICE of Appearance by R. Joseph Sher on behalf of U.S. Department of Homeland Security (Sher, R.) (Entered: 08/25/2011)
2011-09-16	5	MOTION to Dismiss by U.S. Department of Homeland Security. (Sher, R.) (Entered: 09/16/2011)
2011-09-16	6	Memorandum in Support re 5 MOTION to Dismiss filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 09/16/2011)
2011-09-16	7	Notice of Hearing Date set for 10/21/2011 re 5 MOTION to Dismiss (Sher, R.) (Entered: 09/16/2011)
2011-09-20		Set Deadlines as to 5 MOTION to Dismiss. Motion Hearing set for 10/21/2011 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (clar, ) (Entered: 09/20/2011)
2011-09-27	8	AMENDED COMPLAINT against All Plaintiffs, filed by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Horan, Angela) (Entered: 09/27/2011)
2011-09-27	9	Opposition to 5 MOTION to Dismiss filed by Board of County Supervisors of Prince William County, VA. (Horan, Angela) (Entered: 09/27/2011)
2011-10-05	10	ANSWER to Complaint as Amended by U.S. Department of Homeland Security.(Sher, R.) (Entered: 10/05/2011)
2011-10-06	11	Withdrawal of Motion by U.S. Department of Homeland Security re 5 MOTION to Dismiss (Sher, R.) (Entered: 10/06/2011)
2011-12-05	12	SCHEDULING ORDER:Initial Pretrial Conference set for 1/4/2012 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 3/15/2012 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. Discovery due by 3/9/2012. Signed by District Judge James C. Cacheris on 12/5/11. (Attachments: # 1 Mag. Consent, # 2 Pretrial Notice)(nhall) (Entered: 12/05/2011)
2011-12-23	13	MOTION for Judgment on the Pleadings by U.S. Department of Homeland Security. (Attachments: # 1 Affidavit Declaration of Ryan Law, # 2 Exhibit to the Declaration of Ryan Law)(Sher, R.) (Entered: 12/23/2011)
2011-12-23	14	Memorandum in Support re 13 MOTION for Judgment on the Pleadings filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 12/23/2011)
2011-12-23	15	Notice of Hearing Date set for 2/3/2012 re 13 MOTION for Judgment on the Pleadings (Sher, R.) (Entered: 12/23/2011)
2011-12-27		Notice of Correction re 15 Notice of Hearing Date. -The filing user has been notified to file an Amended Notice of Hearing Date, as the Notice of Hearing Date set an unavailable hearing date.(tche) (Entered: 12/27/2011)
2011-12-27	16	Notice of Hearing Date Amended set for 02-10/2012 re 13 MOTION for Judgment on the Pleadings (Sher, R.) (Entered: 12/27/2011)
2011-12-27		Set Deadline as to 13 MOTION for Judgment on the Pleadings. - Motion Hearing set for 2/10/2012 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (tche) (Entered: 12/28/2011)
2011-12-28	17	Discovery Plan by Board of County Supervisors of Prince William County, VA.(Black, Kevin) (Entered: 12/28/2011)
2012-01-04	18	Minute Entry for proceedings held before Magistrate Judge John F. Anderson: Initial Pretrial Conference held on 1/4/2012. Appearances; of counsel. ORDER TO ISSUE. (nbla, ) (Entered: 01/04/2012)
2012-01-04	19	Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Judgment on the Pleadings and to establish a briefing schedule by U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Sher, R.) (Entered: 01/04/2012)
2012-01-05	20	Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that 1. All discovery shall be concluded by March 9, 2012. 2. The Joint Discovery Plan filed by the parties is approved in part and shall control discovery to the extent of its application unless further modifed by the court. 3. Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by January 25, 2012. SEE ORDER FOR MORE SPECIFIC DETAILS. Signed by Magistrate Judge John F. Anderson on 01/04/2012. (nbla, ) (Entered: 01/05/2012)
2012-01-05	21	ORDER that the pltf may have to and including January 20, 2012 within which to file a response to the deft's motion, AND FURTHER ORDERED that the deft may have to and including January 27, 2012 within which to file any reply. (see order for details). Signed by District Judge James C. Cacheris on 1/5/2012. (stas) (Entered: 01/05/2012)
2012-01-20	22	RESPONSE in Opposition re 13 MOTION for Judgment on the Pleadings filed by Board of County Supervisors of Prince William County, VA. (Black, Kevin) (Entered: 01/20/2012)
2012-01-23		Notice of Correction re 22 Response in Opposition to Motion. The signature block on the certificate of service does not match the filing users login. The filing user has been notified and has been asked to refile a separate Certificate of Service. (nhall) (Entered: 01/23/2012)
2012-01-25	23	REPLY to Response to Motion re 13 MOTION for Judgment on the Pleadings filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 01/25/2012)
2012-01-25	24	Memorandum Supplementing and withdrawing in part the defendant's Reply to 23 Reply to Response to Motion filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 01/25/2012)
2012-01-25	25	CERTIFICATE of Service re 22 Response in Opposition to Motion by Kevin Patrick Black on behalf of Board of County Supervisors of Prince William County, VA (Black, Kevin) (Entered: 01/25/2012)
2012-02-03	26	Notice of Hearing Date As Further Amended set for 02/17/2012 re 13 MOTION for Judgment on the Pleadings (Sher, R.) (Entered: 02/03/2012)
2012-02-07		Reset Deadlines as to 13 MOTION for Judgment on the Pleadings. Motion Hearing set for 2/17/2012 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (clar, ) (Entered: 02/07/2012)
2012-02-16		Reset Deadlines as to 13 MOTION for Judgment on the Pleadings. Motion Hearing set for 2/17/2012 at 09:30 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (clar, ) (Entered: 02/16/2012)
2012-02-17	27	Minute Entry for proceedings held before District Judge James C. Cacheris: Motion Hearing held on 2/17/2012 re 13 MOTION for Judgment on the Pleadings filed by U.S. Department of Homeland Security. Appearances of Counsel for Pltf. and Deft. Matter argued and TAKEN UNDER ADVISEMENT. Order to follow. (Court Reporter J. Goodwin.) (jall) (Entered: 02/17/2012)
2012-03-01	28	MEMORANDUM OPINION re: 13 MOTION for Judgment on the Pleadings by U.S. Department of Homeland Security. (See Memorandum Opinion For Details). Signed by District Judge James C. Cacheris on 3/1/12. (nhall) (Entered: 03/01/2012)
2012-03-01	29	ORDER for the reasons stated in the accompanying Memorandum Opinion, granting 13 Motion for Judgment on the Pleadings. THIS ORDER IS FINAL. (See Order For Details). Signed by District Judge James C. Cacheris on 3/1/12. (nhall) (Entered: 03/01/2012)
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