Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that U.S. Immigration and Customs Enforcement conducted an adequate search for records concerning why the agency had searched Timothy Blixseth's private plane three times and properly withheld records under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques). In response to Blixseth's two requests, the agency located and provided 357 pages responsive to his second request. After an administrative appeal, the agency provided 48 pages responsive to the first request, withholding six pages entirely, and redacting 42 pages. After Blixseth filed suit, the agency provided more information from those 48 pages. Blixseth asked Boasberg to review the pages in camera, which he did. After reviewing the agency's affidavits, Boasberg indicated that "there is no genuine issue of material fact as to the adequacy of ICE's searches." Blixseth argued that since the searches of his planes had taken place, there must be more records. But the ICE explained that the searches had been conducted by the Marine Operations Center, which is part of U.S. Customs and Border Protection rather than ICE. As a consequence, Boasberg noted that "documents controlled by an agency other than the one processing the request do not constitute part of the defendant agency's FOIA obligation. As a result, Plaintiff's argument that ICE was required to search the records of different DHS agencies falls short." After reviewing the documents in camera, Boasberg agreed with the agency that the records, which were compiled by Homeland Security Investigations, qualified as law enforcement records." He noted "because all the documents constitute records of HIS's investigation into the safety of an expedited flight clearance for various aircraft, businesses, and persons, they are law-enforcement records" Boasberg found the withheld records contained personally identifying information and that Blixseth had provided no evidence of any public interest that might outweigh the privacy interest. As to the redactions made under Exemption 7(E), Boasberg noted that "the redacted material includes things like record identification numbers, databases used for investigation, code numbers (but not what they stand for), and questions and answers to certain inquiries undertaken as part of an HSI investigation. The Court therefore credits ICE's assertion that this information 'is not readily known by the public.'"
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2019-05-03	1	COMPLAINT against US IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-6102790) filed by TIMOTHY BLIXSETH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 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, # 21 Exhibit, # 22 Exhibit)(Himes, Lisa) (Attachment 1 replaced on 5/6/2019) (zef, ). (Entered: 05/03/2019)
2019-05-03	2	NOTICE OF RELATED CASE by TIMOTHY BLIXSETH. Case related to Case No. 1:18-cv-00593. (Himes, Lisa) (Entered: 05/03/2019)
2019-05-03	3	NOTICE OF RELATED CASE by TIMOTHY BLIXSETH. Case related to Case No. 1:18-cv-02281. (Himes, Lisa) (Entered: 05/03/2019)
2019-05-06		ENTERED IN ERROR.....Case Assigned to Judge John D. Bates. (zef, ) Modified on 5/6/2019 (zef, ). (Entered: 05/06/2019)
2019-05-06		NOTICE OF CORRECTED DOCKET ENTRY: re Case Assigned/Reassigned was entered in error and case will be reassigned. (zef, ) (Entered: 05/06/2019)
2019-05-06		Case Assigned to Judge James E. Boasberg. (zef, ) (Entered: 05/06/2019)
2019-05-06	4	SUMMONS (3) Issued Electronically as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/06/2019)
2019-05-09	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2019. (Himes, Lisa) (Entered: 05/09/2019)
2019-05-09	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/8/2019. (Himes, Lisa) (Entered: 05/09/2019)
2019-05-09	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 5/8/2019 (Himes, Lisa) (Entered: 05/09/2019)
2019-05-24	8	NOTICE of Appearance by Paul Cirino on behalf of UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Cirino, Paul) (Entered: 05/24/2019)
2019-06-06	9	ANSWER to Complaint by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Cirino, Paul) (Entered: 06/06/2019)
2019-06-06		MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a proposed briefing schedule by June 20, 2019. So ORDERED by Judge James E. Boasberg on 6/6/2019. (lcjeb3) (Entered: 06/06/2019)
2019-06-06		Set/Reset Deadlines: Proposed Briefing Schedule due by 6/20/2019. (znbn) (Entered: 06/07/2019)
2019-06-20	10	Joint STATUS REPORT on Proposed Briefing Schedule by TIMOTHY BLIXSETH. (Himes, Lisa) (Entered: 06/20/2019)
2019-06-20	11	Joint MOTION for Extension of Time to File Separate Position Papers by TIMOTHY BLIXSETH (Attachments: # 1 Text of Proposed Order)(Himes, Lisa) (Entered: 06/20/2019)
2019-06-20		MINUTE ORDER: The Court ORDERS that the parties' 11 Joint Motion for Extension of Time to File is GRANTED, and that they shall file position papers addressing the proposed schedules for this action by June 27, 2019. So ORDERED by Judge James E. Boasberg on 6/20/2019. (lcjeb3) (Entered: 06/20/2019)
2019-06-20		Set/Reset Deadlines: Parties shall file position papers addressing the proposed schedules for this action by 6/27/2019. (znbn) (Entered: 06/21/2019)
2019-06-25	12	RESPONSE TO ORDER OF THE COURT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A)(Cirino, Paul) Modified event title on 6/28/2019 (znmw). (Entered: 06/25/2019)
2019-06-27	13	RESPONSE TO ORDER OF THE COURT by TIMOTHY BLIXSETH. (Attachments: # 1 Exhibit 1)(Himes, Lisa) Modified event title on 6/28/2019 (znmw). (Entered: 06/27/2019)
2019-07-01		MINUTE ORDER: Although Plaintiff raises a number of issues related to both the Government's search and its withholdings in his 13 Response, it appears that these are questions best resolved in briefing. As a result, the Court ORDERS that the Government shall file any motion for summary judgment by August 15, 2019. So ORDERED by Judge James E. Boasberg on 7/1/2019. (lcjeb3) (Entered: 07/01/2019)
2019-07-01		Set/Reset Deadlines: Summary Judgment motions due by 8/15/2019. (znbn) (Entered: 07/01/2019)
2019-08-07	14	PROPOSED BRIEFING SCHEDULE by TIMOTHY BLIXSETH. (Attachments: # 1 Text of Proposed Order)(Himes, Lisa) Modified event title on 8/13/2019 (znmw). (Entered: 08/07/2019)
2019-08-08		MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Proposed Briefing Schedule and ORDERS that: (1) Defendant shall file its Motion for Summary Judgment by August 15, 2019; (2) Plaintiff shall file his Opposition to Defendant's Motion and any Cross-Motion by September 18, 2019; (3) Defendant shall file its Opposition to Plaintiff's Cross-Motion and Reply in support of its Motion by October 18, 2019; and (4) Plaintiff shall file his Reply in support of his Cross-Motion by November 1, 2019. So ORDERED by Judge James E. Boasberg on 8/8/2019. (lcjeb2) (Entered: 08/08/2019)
2019-08-08		Set/Reset Deadlines: Summary Judgment motions due by 8/15/2019. Response to Motion for Summary Judgment due by 9/18/2019. Reply to Motion for Summary Judgment due by 10/18/2019. Replies due by 11/1/2019. (lsj) (Entered: 08/08/2019)
2019-08-15	15	MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Declaration of Toni Fuentes (with Exhibits 1-9), # 3 Statement of Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 08/15/2019)
2019-09-18	16	Cross MOTION for Order for Discovery Pursuant to Rule 56(d) by TIMOTHY BLIXSETH (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit 1, # 4 Statement of Facts, # 5 Text of Proposed Order)(Himes, Lisa) (Entered: 09/18/2019)
2019-09-18	17	Memorandum in opposition to re 15 MOTION for Summary Judgment filed by TIMOTHY BLIXSETH. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit 1, # 4 Statement of Facts, # 5 Text of Proposed Order)(Himes, Lisa) (Entered: 09/18/2019)
2019-10-18	18	Memorandum in opposition to re 16 Cross MOTION for Order for Discovery Pursuant to Rule 56(d) filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 10/18/2019)
2019-10-18	19	REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Material Facts)(Cirino, Paul) (Entered: 10/18/2019)
2019-11-01	20	REPLY to opposition to motion re 16 Cross MOTION for Order for Discovery Pursuant to Rule 56(d) filed by TIMOTHY BLIXSETH. (Attachments: # 1 Declaration)(Himes, Lisa) (Entered: 11/01/2019)
2019-12-17		MINUTE ORDER: The Court ORDERS that Defendant shall submit to the Court for in camera review by December 19, 2019, clean and redacted copies of the 48 pages referenced in Plaintiff's Opposition. See ECF No. 17-1 at 1 ("Plaintiff also requests that the Court review the forty-eight (48) pages at issue in camera ...."). So ORDERED by Judge James E. Boasberg on 12/17/2019. (lcjeb2) (Entered: 12/17/2019)
2019-12-17		Set/Reset Deadlines: In-Camera Submission due by 12/19/2019. (nbn) (Entered: 12/18/2019)
2019-12-18	21	NOTICE of In Camera Submission by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Cirino, Paul) (Entered: 12/18/2019)
2019-12-19		ENTERED IN ERROR.....MINUTE ORDER: The Court ADOPTS the parties' 60 Joint Status Report and ORDERS that they shall file a further joint status report by January 30, 2020. So ORDERED by Judge James E. Boasberg on 12/19/2019. (lcjeb2) Modified on 12/19/2019 (znbn). (Entered: 12/19/2019)
2019-12-19		NOTICE OF CORRECTED DOCKET ENTRY: Minute Order filed on 12/19/2019 was entered in error on the wrong case. (nbn) (Entered: 12/19/2019)
2020-01-14	22	ORDER GRANTING Defendant's 15 Motion for Summary Judgment and DENYING Plaintiff's 16 Motion for Discovery. Signed by Judge James E. Boasberg on 1/14/2020. (lcjeb2) (Entered: 01/14/2020)
2020-01-14	23	MEMORANDUM OPINION re 22 Order on Motions for summary judgment and for discovery. Signed by Judge James E. Boasberg on 1/14/2020. (lcjeb2) (Entered: 01/14/2020)
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