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Case TitleABRAMYAN v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv01064
Date Filed2012-06-26
Date Closed2013-12-09
JudgeJudge Barbara Jacobs Rothstein
PlaintiffNINA ABRAMYAN
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantERIC H. HOLDER, JR. in his capacity as Attorney General of the United States
DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
DefendantNATIONAL RECORDS CENTER United States Citizenship and Immigration Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [17]
FOIA Project Annotation: Judge Barbara Rothstein has ruled that, although its initial search failed to locate responsive documents, U.S. Citizenship and Immigration Services conducted an adequate search for records concerning the asylum petition of Nina Abramyan and properly withheld the asylum interview under Exemption 5 (deliberative process privilege). Abramyan requested her alien file from USCIS, which responded that it had no records. She appealed, arguing that since the U.S. Embassy in Moscow had told Abramyan that it would deny her visa application because she had filed a fraudulent asylum application in 1999, she must have an alien file with USCIS. She told the agency that she was the beneficiary of a pending visa application filed by her mother and provided the petition number for that application. USCIS searched again and found 184 records, disclosing 167 pages and withholding six pages containing the notes and assessment report of her asylum interview under Exemption 5. Abramyan first argued the agency's search was inadequate. But Rothstein noted that "USCIS does not explain why it was unable to retrieve Abramyan's A-file using the information he submitted in her initial FOIA request. Nevertheless, that issue is moot. Abramyan does not dispute that she ultimately received the documents responsive to her request, save the six pages USCIS withheld. Subsequent production can cure deficiencies in the initial search." She added that "that USCIS ultimately retrieved the documents after initially coming up empty does not evidence bad faith." Rothstein then found the six pages were properly protected under Exemption 5. She noted the agency characterized the Assessment to Refer as containing "'a brief factual distillation' of the asylum interview, along with the asylum officer's recommendation." She observed that "assessments of credibility and recommendations are 'quintessential deliberative information.'" Rothstein found the assessment was not a final decision. She rejected Abramyan's argument that factual material should be disclosed, pointing out that "even the factual material was deliberative." Abramyan argued the agency had not adequately described the content of handwritten notes being withheld. Rothstein observed that "the Court cannot require USCIS to describe exactly which portions of the interview the asylum officer selected to record, without defeating the purpose of the exemption. [The agency's] declaration suffices to show that the selective summary of factual material is itself deliberative, and thus protected from disclosure."
Issues: Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-06-261COMPLAINT against ERIC HIMPTON HOLDER, JR, NATIONAL RECORDS CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350, receipt number 4616049561) filed by NINA ABRAMYAN. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B-1, # 4 Exhibit B-2, # 5 Exhibit C, # 6 Civil Cover Sheet)(jf, ) (Entered: 06/29/2012)
2012-06-26SUMMONS (5) Issued as to ERIC HIMPTON HOLDER, JR, NATIONAL RECORDS CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 06/29/2012)
2012-07-172RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC HIMPTON HOLDER, JR served on 7/12/2012; NATIONAL RECORDS CENTER served on 7/9/2012; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 7/11/2012; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 7/12/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/12/2012., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/12/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 8/11/2012.) (Attachments: # 1 Declaration declaration of proof of service with exhibits)(Asherson, Neville) (Entered: 07/17/2012)
2012-08-063MOTION for Extension of Time to File Answer by ERIC HIMPTON HOLDER, JR, NATIONAL RECORDS CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Levi, Leila) (Entered: 08/06/2012)
2012-08-08MINUTE ORDER: It is hereby ORDERED that the defendants' motion 3 for an extension through October 1, 2012 of the deadline to respond to the complaint be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 08/08/2012. (DCL) (Entered: 08/08/2012)
2012-08-08Set/Reset Deadlines: Defendant's Response to the Complaint due by 10/1/2012. (hs) (Entered: 08/08/2012)
2012-09-214Second MOTION for Extension of Time to File Answer by ERIC HIMPTON HOLDER, JR, NATIONAL RECORDS CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Levi, Leila) (Entered: 09/21/2012)
2012-09-24MINUTE ORDER: It is hereby ORDERED that the defendants' motion 4 for an extension through November 30, 2012 of the deadline to respond to the complaint be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 09/24/2012. (DCL) (Entered: 09/24/2012)
2012-09-25Set/Reset Deadlines: Defendant's Answer to the Complaint due by 11/30/2012, (hs) (Entered: 09/25/2012)
2012-11-295MOTION for Extension of Time to File Answer by ERIC HIMPTON HOLDER, JR, NATIONAL RECORDS CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Levi, Leila) (Entered: 11/29/2012)
2012-12-07MINUTE ORDER: It is hereby ORDERED that the defendants' motion 5 for an extension through December 13, 2012 of the deadline to respond to the complaint be, and hereby is, GRANTED. (DCL) (Entered: 12/07/2012)
2012-12-07Set/Reset Deadlines: Defendant's Response due by 12/13/2012 (hs) (Entered: 12/10/2012)
2012-12-136MOTION for Extension of Time to File Answer by ERIC HIMPTON HOLDER, JR, NATIONAL RECORDS CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Levi, Leila) (Entered: 12/13/2012)
2013-01-037MOTION for Summary Judgment by ERIC HIMPTON HOLDER, JR, NATIONAL RECORDS CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit)(Levi, Leila) (Entered: 01/03/2013)
2013-01-148NOTICE OF SUBSTITUTION OF COUNSEL by Matthew E. Maguire on behalf of All Defendants Substituting for attorney Leila J. Levi (Maguire, Matthew) (Entered: 01/14/2013)
2013-01-179Memorandum in opposition to re 7 MOTION for Summary Judgment filed by NINA ABRAMYAN. (Asherson, Neville) (Entered: 01/17/2013)
2013-01-1810Memorandum in opposition to re 7 MOTION for Summary Judgment supplement to 9 opposition to Motion for Summary Judgment filed by NINA ABRAMYAN. (Attachments: # 1 Exhibit)(Asherson, Neville) (Entered: 01/18/2013)
2013-01-2811REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by ERIC HIMPTON HOLDER, JR, NATIONAL RECORDS CENTER, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Maguire, Matthew) (Entered: 01/28/2013)
2013-03-14MINUTE ORDER: It is hereby ORDERED that the defendants' motion 6 for an extension of time to respond to the complaint be, and hereby is, GRANTED nunc pro tunc. Issued by Judge Richard W. Roberts on 03/14/2013. (DCL) (Entered: 03/14/2013)
2013-06-1412Case reassigned by consent to Judge Barbara Jacobs Rothstein. Judge Richard W. Roberts no longer assigned to the case. (gt, ) (Entered: 06/14/2013)
2013-06-1813ORDER STANDING ORDER. Signed by Judge Barbara Jacobs Rothstein on 06/18/2013. (lcbjr2, ) (Entered: 06/18/2013)
2013-08-1214NOTICE of Appearance by Mary Elizabeth Stratton on behalf of All Defendants (Stratton, Mary) (Entered: 08/12/2013)
2013-11-0115NOTICE OF SUBSTITUTION OF COUNSEL by Robert N. Englund on behalf of All Defendants Substituting for attorney Mary Elizabeth Stratton (Englund, Robert) (Entered: 11/01/2013)
2013-12-0416ORDER granting 7 Defendants' Motion for Summary Judgment. Signed by Judge Barbara Jacobs Rothstein on 12/4/13. (lcbjr4) (Entered: 12/04/2013)
2013-12-0417MEMORANDUM OPINION re 16 ORDER granting Defendants' Motion for Summary Judgment. Signed by Judge Barbara Jacobs Rothstein on 12/4/13. (lcbjr4) (Entered: 12/04/2013)
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by FOIA Project Staff
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