Case Detail

FOIA Project Annotation: A federal court in New Jersey has ruled that U.S. Customs and Border Protection properly withheld records pertaining to why Cesar Manuel Cardoso Matos de Paco was removed from the Global Trusted Traveler Program under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques). Matos de Paco was told in 2014 that his membership in the Global Trusted Traveler Program had been revoked because he did not meet the eligibility requirements. Matos de Paco requested his alien file. CBP responded by providing him 11 redacted records concerning his revocation in the global traveler program. The court agreed with the agency that various identifying information was protected either under Exemption 6 or Exemption 7(C). The court noted that "while FOIA encourages an open and transparent government, we find that disclosure of terminal identifiers and employees' names and phone numbers amounts to a 'clearly unwarranted invasion of personal privacy' that provides little insight to the public as to why CBP revoked Plaintiff's membership in the global traveler program, or how CBP responds to such inquiries generally." The court approved of redactions made under Exemption 7(E) pertaining to the agency's TECS database. The court observed that "the [agency's] affidavit details with great specificity the volume and sensitivity of the data that is collected by the TECS system. The affidavit further detailed the importance of protecting the TECS system from security risks because of its role as a 'fundamental law enforcement tool' that aids 'in assisting CBP to meet its primary mission to prevent terrorists, their weapons, and other dangerous items from entering the United States.' Thus, the records were properly redacted under Exemption 7(E) as the information was gathered using the TECS system."
Issues: Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2014-08-08	1	COMPLAINT against UNITED STATES CUSTOMS AND BORDER PROTECTION ( Filing and Admin fee $ 400 receipt number 5861778), filed by CESAR MANUEL CARDOSO MATOS DE PACO. (Attachments: # 1 Civil Cover Sheet)(eaj) (Entered: 08/11/2014)
2014-08-11	2	SUMMONS ISSUED as to UNITED STATES CUSTOMS AND BORDER PROTECTION Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *BETH JONIAK* (eaj) (Entered: 08/11/2014)
2014-11-13	3	SUMMONS Returned Executed by CESAR MANUEL CARDOSO MATOS DE PACO. All Defendants. (MARUCCI, ANTHONY) (Entered: 11/13/2014)
2014-11-17	4	MOTION to Dismiss for Lack of Jurisdiction by UNITED STATES CUSTOMS AND BORDER PROTECTION. Responses due by 12/1/2014 (Attachments: # 1 Brief, # 2 Exhibit, # 3 Text of Proposed Order, # 4 Certificate of Service)(TAYLOR, ANNE) (Entered: 11/17/2014)
2014-11-18		Set Deadlines as to 4 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 12/15/2014 before Judge Mary L. Cooper. The motion will be decided on the papers. No appearances required unless notified by the court. (eaj) (Entered: 11/18/2014)
2014-12-05	5	BRIEF in Opposition filed by CESAR MANUEL CARDOSO MATOS DE PACO re 4 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit Exhibit "A" to Plaintiff's Brief, # 2 Certificate of Service, # 3 Text of Proposed Order)(MARUCCI, ANTHONY) (Entered: 12/05/2014)
2014-12-12	6	REPLY BRIEF to Opposition to Motion filed by UNITED STATES CUSTOMS AND BORDER PROTECTION re 4 MOTION to Dismiss for Lack of Jurisdiction , Letter Reply Brief (TAYLOR, ANNE) (Entered: 12/12/2014)
2015-02-24	7	AMENDED COMPLAINT FOR INJUNCTIVE RELIEF against UNITED STATES CUSTOMS AND BORDER PROTECTION, filed by CESAR MANUEL CARDOSO MATOS DE PACO. (Attachments: # 1 Certificate of Service)(MARUCCI, ANTHONY) (Entered: 02/24/2015)
2015-03-06	8	Letter from Defendant Regarding Amended Complaint re 4 MOTION to Dismiss for Lack of Jurisdiction , 7 Amended Complaint. (TAYLOR, ANNE) (Entered: 03/06/2015)
2015-05-20	9	ORDER denying 4 Defendants Motion to Dismiss for Lack of Jurisdiction; Ordering that the amended complaint is deemed to be filed 7 ; Ordering that the Defendant will answer, move or otherwise respond to the Complaint until 6/10/2015. Signed by Judge Mary L. Cooper on 5/20/2015. (eaj) (Entered: 05/20/2015)
2015-06-10	10	Letter from Defendant, Requesting Two-day Extension. (TAYLOR, ANNE) (Entered: 06/10/2015)
2015-06-12	11	MOTION for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION. Responses due by 6/22/2015 (Attachments: # 1 Statement of Facts Not in Dispute, # 2 Declaration of Shari Suzuki, # 3 Exhibit A to Decl., # 4 Exhibit B to Decl., # 5 Exhibit C to Decl., # 6 Exhibit D to Decl., # 7 Brief, # 8 Text of Proposed Order, # 9 Certificate of Service)(TAYLOR, ANNE) (Entered: 06/12/2015)
2015-06-15		Set Deadlines as to 11 MOTION for Summary Judgment . Motion set for 7/6/2015 before Judge Mary L. Cooper. The motion will be decided on the papers. No appearances required unless notified by the court. (eaj) (Entered: 06/15/2015)
2015-06-16		CLERK'S NOTE: 10 Letter request for a 2 day extension by defendant is granted by Judge Mary L. Cooper. (eh, ) (Entered: 06/16/2015)
2016-01-27	12	MEMORANDUM OPINION filed. Signed by Judge Mary L. Cooper on 1/27/2016. (eaj) (Entered: 01/27/2016)
2016-01-27	13	ORDER & JUDGMENT granting 11 Motion for Summary Judgment; Entering Judgment in favor of CBP against Plaintiff ***CIVIL CASE TERMINATED. Signed by Judge Mary L. Cooper on 1/27/2016. (eaj) (Entered: 01/27/2016)
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