Case Detail

FOIA Project Annotation: A federal magistrate judge in California has ruled that U.S. Citizenship and Immigration Services properly claimed Exemption 7 (C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques) to withhold records from the A-File of Omar Abdulsattar Ameen, the subject of an extradition proceeding by the government, in response to a request from KXTV. After the agency refused to disclose any records, KXTV filed suit. Ameen then intervened and agreed to waive his privacy rights for certain documents. However, he subsequently changed his mind and instead provided 187 pages from his A-File directly to KXTV. He also waived his privacy interest in the remaining documents. The agency continued to withhold 26 partially redacted pages and three documents in full, claiming Exemption 7 (A) (interference with ongoing investigation or proceeding) as well as Exemption 7(C) and Exemption 7(E). The magistrate judge found the records met the threshold for Exemption 7 coverage, pointing out that "Ameen's A-File was put together by these law enforcement agencies and A-Files have routinely been found to 'meet [the Exemption 7] test because they are 'compiled for adjudicative and enforcement purposes' within DHS's statutory authority." The magistrate judge found the agency's explanation of its Exemption 7(A) clam was not sufficient, noting that "the names of the documents, without much more, do not give the Court any insight as to why the release of these types of investigatory records would interfere with the ongoing case. That their disclosure would reveal law enforcement techniques and the status of specific actions being taken is vague and veers into the territory of 'boilerplate or conclusory statements.'" Turning to Exemption 7(C), the magistrate judge observed that the agency had withheld personally identifying information about third parties and explained that "some of these individuals are private citizens. Others are government employees involved in Ameen's case. Investigatory records generated by law enforcement agencies often contain information about private citizens whose link to the official inquiry is tenuous." KXTV argued that there was a public interest in disclosure. But the magistrate judge indicated that "plaintiff is only able to point to allegations against Ameen from the Government's extradition memorandum as evidence that Defendant acted negligently or improperly in executing its duties. The Court declines to treat mere allegations against Ameen as clear evidence of governmental misconduct." KXTV argued that Exemption 7(E) did not apply because the techniques were publicly known. But the magistrate judge pointed out that "as long as the manner and circumstances of the techniques are not generally known, or the disclosure of additional details could reduce their effectiveness, Exemption 7(E) applies even where the identity of the techniques has been disclosed."
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2019-03-07	1	COMPLAINT against United States Citizenship and Immigration Services by KXTV, LLC. Attorney Burke, Thomas R. added. (Filing fee $ 400, receipt number 0972-8147408) (Attachments: # 1 Exhibit A -C, # 2 Civil Cover Sheet)(Burke, Thomas) (Entered: 03/07/2019)
2019-03-07	2	CORPORATE DISCLOSURE STATEMENT by Plaintiff KXTV, LLC dba ABC10. (Burke, Thomas) (Entered: 03/07/2019)
2019-03-07	3	[DISREGARDED] SEE 4 SUMMONS ISSUED as to *United States Citizenship and Immigration Services* with answer to complaint due within *60* days. Attorney *Thomas R. Burke* *Davis Wright Tremaine LLP* *505 Montgomery Street, Suite 800* *San Francisco, CA 94111*. (Mena-Sanchez, L) Modified on 3/7/2019 (Mena-Sanchez, L). (Entered: 03/07/2019)
2019-03-07	4	CIVIL NEW CASE DOCUMENTS ISSUED. (Attachments: # 1 Civil Cover Sheet, # 2 Order re Filing Requirements, # 3 VDRP) (Mena-Sanchez, L) (Entered: 03/07/2019)
2019-03-07	5	AMENDED SUMMONS ISSUED as to *United States Citizenship and Immigration Services* with answer to complaint due within *30* days. Attorney *Thomas R. Burke* *Davis Wright Tremaine LLP* *505 Montgomery Street, Suite 800* *San Francisco, CA 94111*. (Mena-Sanchez, L) (Entered: 03/07/2019)
2019-03-25	6	FIRST AMENDED COMPLAINT against United States Citizenship and Immigration Services by KXTV, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Burke, Thomas) (Entered: 03/25/2019)
2019-04-01	7	SUMMONS RETURNED EXECUTED by KXTV, LLC. United States Citizenship and Immigration Services served on 3/28/2019.(Attachments: # 1 POS on USAO re USCIS, # 2 POS on DHS Sac., # 3 POS on USAO re DHS)(Burke, Thomas) Modified on 4/2/2019 (York, M). (Entered: 04/01/2019)
2019-04-23	8	NOTICE of RELATED CASE 2:18-mj-152 by United States Citizenship and Immigration Services. Attorney Taylor, Kelli L. added. (Taylor, Kelli) (Entered: 04/23/2019)
2019-05-17	9	ANSWER by United States Citizenship and Immigration Services.(Taylor, Kelli) (Entered: 05/17/2019)
2019-05-28	10	JOINT SCHEDULING REPORT by United States Citizenship and Immigration Services. (Taylor, Kelli) (Entered: 05/28/2019)
2019-05-29	11	MINUTE ORDER: The Court adopts the parties suggested briefing schedule on cross-motions for summary judgment as outlined in the Joint Status Report 10 . The matter should be noticed for hearing on January 14, 2020 at 1:30 p.m. (TEXT ENTRY ONLY)(Vine, H) (Entered: 05/29/2019)
2019-07-17	12	STIPULATION and PROPOSED ORDER for Extension of Time to File Vaughn Index by United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Taylor, Kelli) (Entered: 07/17/2019)
2019-07-18	13	ORDER signed by District Judge John A. Mendez on 7/18/19 GRANTING Defendant USCIS's time to produce the Vaughn index from 7/26/19 until 8/21/19. (Becknal, R) (Entered: 07/18/2019)
2019-08-14	14	NOTICE of Compliance with Court Order by United States Citizenship and Immigration Services re 13 Order. (Taylor, Kelli) Modified on 8/16/2019 (Mena-Sanchez, L). (Entered: 08/14/2019)
2019-08-22	15	MOTION to INTERVENE (unopposed) by Omar Abdulsattar Ameen. (Attachments: # 1 Proposed Order)(Barbour, Rachelle) Modified on 8/26/2019 (Mena-Sanchez, L). (Entered: 08/22/2019)
2019-08-23	16	ORDER signed by District Judge John A. Mendez on 8/23/19 GRANTING 15 Motion to Intervene, GRANTING Mr. Ameen permission to intervene in this matter. (Coll, A) (Entered: 08/23/2019)
2019-08-30	17	STIPULATION and PROPOSED ORDER for Extension of Time re Briefing Schedule by United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Taylor, Kelli) (Entered: 08/30/2019)
2019-09-03	18	ORDER signed by District Judge John A. Mendez on 8/30/19 EXTENDING the deadlines as follows: Intervenor shall provide his list of information(documents or redactions) that he waives any privacy interest in by 9/18/19; Defendant USCIS' advises whether it will produced the Intervenor's additional waived documents or the basis for withholding by 10/16/19; Plaintiff advises whether the August production and any further production based on Intervenor's waiver resolves this action by 10/31/19; Defendant USCIS's Motion for SummaryJudgment RESET to 11/21/19, (page limit 25); Plaintiff's Opposition to Summary Judgment RESET to 12/20/19, (page limit 25); Defendant USCIS's Reply in Support of its Motion for Summary Judgment RESET to 1/3/20, (page limit 15); Plaintiff's Sur-reply (Optional) RESET to 1/10/20, (page limit 5); and Hearing 1/14/20 @ 1:30p.m., (No Change) (Becknal, R) (Entered: 09/03/2019)
2019-10-16	19	STIPULATION and PROPOSED ORDER for Extension of the Briefing Schedule by KXTV, LLC. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Entered: 10/16/2019)
2019-10-17	20	STIPULATION and ORDER signed by District Judge John A. Mendez on 10/16/19 EXTENDING the briefing schedule. Defendant USCIS advises whether it will produce the Intervenor's additional waived documents or the basis for withholding by 10/24/19. Plaintiff advises whether the August production and any further production based on Intervenors waiver resolves this action by 11/20/19. Defendant USCIS' Motion for Summary Judgment new date 12/18/2019. Plaintiff's Opposition to Summary Judgment new date 1/17/2020. Defendant USCIS' Reply In Support of Its Motion for Summary Judgment new date 1/31/2020. Plaintiff's sur-reply new date 2/10/20. Hearing 2/25/20 at 1:30 p.m.(Mena-Sanchez, L) (Entered: 10/17/2019)
2019-12-18	21	MOTION FOR SUMMARY JUDGMENT by United States Citizenship and Immigration Services. Motion Hearing set for 2/25/2020 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Points and Authorities, # 2 Separate Statement, # 3 Declaration Jill Eggleston, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Declaration Toni Fuentes, # 10 Declaration Kelli L. Taylor, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L)(Taylor, Kelli) (Entered: 12/18/2019)
2020-01-17	22	OPPOSITION by KXTV, LLC to 21 Motion for Summary Judgment. (Attachments: # 1 Response)(Burke, Thomas) Modified on 1/21/2020 (Coll, A). (Entered: 01/17/2020)
2020-01-17	23	REQUEST for JUDICIAL NOTICE by KXTV, LLC re 22 Opposition to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Burke, Thomas) (Entered: 01/17/2020)
2020-01-17	24	DECLARATION of Thomas R. Burke in opposition to 21 Motion for Summary Judgment. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15)(Burke, Thomas) (Entered: 01/17/2020)
2020-01-17	25	OBJECTIONS by Plaintiff KXTV, LLC to 21 Motion for Summary Judgment. (Burke, Thomas) (Entered: 01/17/2020)
2020-01-17	26	REQUEST for In Camera Review by KXTV, LLC re 22 Opposition to Motion. (Burke, Thomas) (Entered: 01/17/2020)
2020-01-24	27	MEMORANDUM by Omar Abdulsattar Ameen in Support of 22 Opposition, 23 Request for Judicial Notice, 24 Declaration and 25 Objection. (Attachments: # 1 Exhibit A (Pages from A-file))(Barbour, Rachelle) Modified on 1/24/2020 (Donati, J). (Entered: 01/24/2020)
2020-01-30	28	STIPULATION and PROPOSED ORDER for Extension of the Briefing Schedule by United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Taylor, Kelli) Modified on 1/30/2020 (Kaminski, H). (Entered: 01/30/2020)
2020-01-31	29	ORDER signed by District Judge John A. Mendez on 1/30/2020 EXTENDING BRIEFING SCHEDULE as follows: Defendant USCIS's Reply In Support of Its Motion for Summary Judgment new date is 2/7/2020. Plaintiff's Sur-reply (Optional) New date is 2/17/2020. (Mena-Sanchez, L) (Entered: 01/31/2020)
2020-02-06	30	REPLY by United States Citizenship and Immigration Services re 22 Opposition to Motion. (Attachments: # 1 Declaration Fuentes (Supplemental), # 2 Declaration Eggleston (Supplemental), # 3 Declaration Taylor (Supplemental), # 4 Exhibit M, # 5 Exhibit N, # 6 Exhibit O, # 7 Exhibit P, # 8 Exhibit Q, # 9 Opposition to In Camera Review, # 10 Opposition to Evidentiary Objections, # 11 Opposition to Request for Judicial Notice)(Taylor, Kelli) (Entered: 02/06/2020)
2020-02-06	31	NOTICE OF ERRATA - Supplemental Declaration of Kelli L. Taylor (with signature) to Replace [30.3] by United States Citizenship and Immigration Services. (Taylor, Kelli) (Entered: 02/06/2020)
2020-02-17	32	SUR-REPLY by KXTV, LLC re 21 Motion for Summary Judgment. (Attachments: # 1 Supplemental Declaration, # 2 Exhibit 16, # 3 Exhibit 17, # 4 Exhibit 18, # 5 Exhibit 19)(Burke, Thomas) Modified on 2/18/2020 (York, M). (Entered: 02/17/2020)
2020-02-17	33	SUPPLEMENTAL REQUEST for JUDICIAL NOTICE by KXTV, LLC in re 32 Sur-Reply. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21, # 3 Exhibit 22, # 4 Exhibit 23)(Burke, Thomas) Modified on 2/18/2020 (York, M). (Entered: 02/17/2020)
2020-02-17	34	JOINDER in SUPPORT of 32 Sur-Reply and Request for In Camera Review re 21 Motion for Summary Judgment by Intervenor Omar Abdulsattar Ameen. (Barbour, Rachelle) Modified on 2/18/2020 (York, M). (Entered: 02/17/2020)
2020-02-18	35	MINUTE ORDER: The Court accepts Plaintiffs sur-reply at ECF No. 32 and Intervenor Omar Abdulsattat Ameens joinder in support of the sur-reply at ECF No. 34. Plaintiff should have sought leave of Court to file this sur-reply and all parties are advised that the failure to seek leave of Court before filing such a brief may result in sanctions, including monetary sanctions or the striking of such pleading. (TEXT ENTRY ONLY) (Vine, H) (Entered: 02/18/2020)
2020-02-19	36	RESPONSE by KXTV, LLC to 35 Minute Order. (Burke, Thomas) (Entered: 02/19/2020)
2020-02-25	37	NOTICE OF LODGING: fully withheld documents for in camera review by U.S. Citizenship and Immigration Services. (Taylor, Kelli) Modified on 2/26/2020 (Benson, A.). (Entered: 02/25/2020)
2020-02-25	38	MINUTES (Text Only) for proceedings before District Judge John A. Mendez: MOTION HEARING held on 2/25/2020 re 21 Motion for Summary Judgment filed by United States Citizenship and Immigration Services. After hearing, the Court ordered the matter submitted. Plaintiffs Counsel T. Burke; M. Khoury present. Defendants Counsel K. Taylor; R. Barbour for intervenor present. Court Reporter: J. Coulthard. (Vine, H) (Entered: 02/25/2020)
2020-02-26	39	MINUTE ORDER: The Court has completed its in-camera review of documents numbered 114-116, 117, 127-129, 159-66, 198 and 200 that were the subject of Plaintiffs FOIA request and were withheld in full by Defendant USCIS.The Court finds that these documents have not been improperly withheld by USCIS and that the FOIA exemptions identified by USCIS have been properly applied to these documents. Accordingly, as to these documents, the Court grants Defendants Motion for Summary Judgment and Defendant is not required to disclose any of these documents to Plaintiff.The Court intends to issue a written Order on Defendants Motion for Summary Judgment as soon as possible. No further hearing on this Motion is required by the Court. The Court has returned the envelope containing the above identified documents to counsel for Defendant. (TEXT ENTRY ONLY) (Vine, H) (Entered: 02/26/2020)
2020-02-26	40	TRANSCRIPT REQUEST by KXTV, LLC for proceedings held on 02/25/2020 before Judge Hon. John A. Mendez. Court Reporter Jennifer Coulthard. (Burke, Thomas) (Entered: 02/26/2020)
2020-02-27	41	NOTICE of RESOLUTION of Exhibit 17 Issue by United States Citizenship and Immigration Services. (Taylor, Kelli) (Entered: 02/27/2020)
2020-03-03	42	TRANSCRIPT of Proceedings Hearing on motion for summary judgment held on 2/25/20, before District Judge John A. Mendez, filed by Jennifer Coulthard, Phone number 312-617-9858 E-mail jenrmrcrr2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020. (Dunn-Coulthard, J) (Entered: 03/03/2020)
2020-03-03	43	TRANSCRIPT REQUEST by United States Citizenship and Immigration Services for proceedings held on 2/25/2020 before Judge Hon. John A. Mendez. Court Reporter Jennifer Coulthard. (Taylor, Kelli) (Entered: 03/03/2020)
2020-03-06	44	ORDER signed by District Judge John A. Mendez on 3/6/2020 GRANTING 21 Defendant's Motion for Summary Judgment. (Kastilahn, A) (Entered: 03/06/2020)
2020-03-06		CASE CLOSED per 44 Order. (Kastilahn, A) (Entered: 03/06/2020)
2020-03-06	45	JUDGMENT dated *3/6/2020* entered pursuant to order signed by District Judge John A. Mendez on 3/6/2020. (Kastilahn, A) (Entered: 03/06/2020)
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