Case Detail

FOIA Project Annotation: A federal magistrate judge in Florida has ruled that Section 1202(f) of the Immigration and Nationality Act, an Exemption 3 statute commonly used by the State Department to deny access to visa records, does not pertain to visa revocation records. Enrique Puyana Mantilla, a Colombian citizen, sued the agency after it withheld records pertaining to him, arguing that § 1202(f) did not cover visa revocation records. He based his claim on El Badrawi v. Dept of Homeland Security, 583 F. Supp. 2d 285 (D. Conn. 2008), a case in which the district court concluded that the plain language of § 1202(f) restricted its coverage to records "pertaining to the issuance or refusal of visas. The agency argued that the Supreme Court's ruling in Morales v. Trans World Airlines, Inc., 504 U.S. 374 (1992), justified a more expansive reading of "pertaining to." But the magistrate judge noted that "construing the words 'pertaining to' broadly the documents the government seeks to preclude from disclosure still need to relate to the 'issuance or refusal of visas.' The 'pertaining to' language of Section § 1202(f) does not relate to visa revocations."
Issues: Exemption 3 - Statutory prohibition of disclosure

FOIA Project Annotation: A federal magistrate judge in Florida has refused to reconsider its decision that records pertaining to the revocation of Enrique Mantilla's visa are not covered by § 222(f) of the Immigration and Naturalization Act because that Exemption 3 (other statutes) provision applies only to issuance or refusal of a visa, not revocation of a visa. But the magistrate judge agreed with State that some of the remaining records pertained to an ongoing DEA investigation and could be withheld under Exemption 7(A) (interference with ongoing investigation or proceeding). State argued that "those portions of the records which pertain to the plaintiff's visa revocation" should be protected because "there is no reasonable distinction between refusal and revocation of a visa, that the same types of records are used to make both initial visa determinations and revocations determinations and therefore the reasons for protecting records pertaining to initial visa determinations also apply to records pertaining to revocations, and that the general rule that FOIA exemptions be narrowly construed does not apply in this instance because the provision here is not a FOIA exemption but an INA provision." The agency cited Beltrana v. Dept of State, 821 F. Supp. 2d 167 (D.D.C. 2011) to support its position. But the court pointed out that "Beltrana is not an intervening change in controlling law and could have been cited by the defendants in support of their prior summary judgment motion. Moreover, the defendants have not shown the availability of new evidence or the need to correct clear error or manifest injustice." The court noted that "due to an error, the Department of State failed to contact the Drug Enforcement Administration regarding the applicability of other exemptions to the documents sought by the plaintiff. As a result, the DEA was not previously aware of the plaintiff's request for these documents. . .The disclosure of these documents could pose a risk to [a] confidential source and [a] named third party." Reviewing the Exemption 7(A) claim, the magistrate judge agreed that documents related to the DEA investigation were properly withheld.
Issues: Exemption 7(A) - Interference with ongoing investigation, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2012-03-20	1	COMPLAINT against United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton. Filing fee $ 350.00 receipt number 113C-4570402, filed by Enrique Puyana Mantilla. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D)(Lichter, Irwin) (Entered: 03/20/2012)
2012-03-20	2	Judge Assignment to Judge Joan A. Lenard (lbc) (Entered: 03/20/2012)
2012-03-20	3	Summons Issued as to United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton, U.S. Attorney and U.S. Attorney General (lbc) (Entered: 03/20/2012)
2012-04-23	4	ANSWER and Affirmative Defenses to Complaint by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton.(Fernandez, Carole) (Entered: 04/23/2012)
2012-04-24	5	Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge John J. O'Sullivan; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Directing Parties to File a Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 4/24/2012. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 04/24/2012)
2012-05-03	6	CERTIFICATE of Interested Party by Enrique Puyana Mantilla (Lichter, Irwin) (Entered: 05/03/2012)
2012-05-04	7	RESPONSE/REPLY to 4 Answer to Complaint by Enrique Puyana Mantilla. (Lichter, Irwin) (Entered: 05/04/2012)
2012-05-09	8	NOTICE by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton Regarding Related Actions (Fernandez, Carole) (Entered: 05/09/2012)
2012-05-09	9	Corporate Disclosure Statement by Eric H Holder Jr., Hillary Rodham Clinton, United States Department of State, Wifredo A Ferrer (Fernandez, Carole) (Entered: 05/09/2012)
2012-05-23	10	SCHEDULING REPORT - Rule 16.1 by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Enrique Puyana Mantilla, Hillary Rodham Clinton (Attachments: # 1 Joint Scheduling Form)(Fernandez, Carole) (Entered: 05/23/2012)
2012-05-23	11	CONSENT to Jurisdiction by US Magistrate Judge by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Enrique Puyana Mantilla, Hillary Rodham Clinton (Fernandez, Carole) (Entered: 05/23/2012)
2012-05-24	12	ORDER OF FULL REFERRAL TO MAGISTRATE JUDGE. This cause is before the Court on the Parties' 11 Joint Consent to Jurisdiction by a United States Magistrate Judge, filed May 23, 2012. The Parties have stipulated to the full exercise of jurisdiction by a United States Magistrate Judge to conduct any and all further proceedings in this case, including the entry of final judgment. Therefore, pursuant to 28 U.S.C. Section 636 and the Local Rules of this Court, it is hereby ORDERED AND ADJUDGED that this case is referred to U.S. Magistrate Judge John J. O'Sullivan to conduct any and all proceedings required in this case, including the entry of final judgment. It is further ORDERED AND ADJUDGED that the Parties shall indicate that the case is a "Consent Case" on the style of the case, under the case number on all further papers filed in this case. This entry constitutes the ENDORSED Order in its entirety. Signed by Judge Joan A. Lenard on 5/24/2012. (atl) (Entered: 05/24/2012)
2012-05-24	13	ORDER Setting Status Conference: Status Conference set for 6/8/2012 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. Signed by Magistrate Judge John J. O'Sullivan on 5/24/2012. (mkr) (Entered: 05/24/2012)
2012-06-06	14	NOTICE by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton of Fact Witness Disclosure (Fernandez, Carole) (Entered: 06/06/2012)
2012-06-08	15	ORDER requiring respondents' summary judgment motions by 7/9/2012, ( Dispositive Motions due by 7/9/2012.). Signed by Magistrate Judge John J. O'Sullivan on 6/8/2012. (mkr) (Entered: 06/08/2012)
2012-06-08	16	Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Status Conference held on 6/8/2012. (Digital 13:59:33.) (cg1) (Entered: 06/08/2012)
2012-07-09	17	MOTION for Summary Judgment by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton. Responses due by 7/26/2012 (Attachments: # 1 Affidavit of Sheryl L. Walter, # 2 Exhibit 1 - Exhibit 3 to affidavit/declaration of Sheryl L. Walter)(Fernandez, Carole) (Entered: 07/09/2012)
2012-07-17	18	MEMORANDUM in Opposition re 17 MOTION for Summary Judgment of Respondents' by Enrique Puyana Mantilla. (Attachments: # 1 Affidavit)(Lichter, Irwin) (Entered: 07/17/2012)
2012-07-25	19	REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton. (Fernandez, Carole) (Entered: 07/25/2012)
2012-09-07	20	ORDER Setting Hearing on Motion 17 MOTION for Summary Judgment : Motion Hearing set for 9/24/2012 03:00 PM in Miami Division before Magistrate Judge John J. O'Sullivan. Signed by Magistrate Judge John J. O'Sullivan on 9/7/2012. (mkr) (Entered: 09/07/2012)
2012-09-24	21	Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Motion Hearing held on 9/24/2012 re 17 MOTION for Summary Judgment filed by Hillary Rodham Clinton, Wifredo A Ferrer, Eric H Holder Jr., United States Department of State. (Digital 14:56:07.) (cg1) (Entered: 09/24/2012)
2012-09-24	22	ORDER denying 17 Motion for Summary Judgment and requiring government to file documents ex parte and under seal by 10/9/2012. Signed by Magistrate Judge John J. O'Sullivan on 9/24/2012. (mkr) (Entered: 09/24/2012)
2012-10-09		SYSTEM ENTRY - Docket Entry 23 [motion] restricted/sealed until further notice. (nc) (Entered: 10/09/2012)
2012-10-09	24	MOTION for Reconsideration re 22 Order on Motion for Summary Judgment , MOTION for leave to file supplemental motion and supporting declaration by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton. (Fernandez, Carole) (Entered: 10/09/2012)
2012-10-10	25	ORDER granting 23 Sealed Motion to File Records Under Seal. Signed by Magistrate Judge John J. O'Sullivan on 10/10/2012. (gm1) (Entered: 10/11/2012)
2012-10-11		SYSTEM ENTRY - Docket Entry 26 [motion] restricted/sealed until further notice. (nc) (Entered: 10/11/2012)
2012-10-12	27	ORDER granting 26 Sealed Motion to File Records Under Seal. Signed by Magistrate Judge John J. O'Sullivan on 10/12/2012. (gm1) (Entered: 10/12/2012)
2012-10-29	28	ORDER requiring response to 24 MOTION for Reconsideration re 22 Order on Motion for Summary Judgment MOTION for leave to file supplemental motion and supporting declaration .(Response due by 11/15/2012). Signed by Magistrate Judge John J. O'Sullivan on 10/29/2012. (mkr) (Entered: 10/29/2012)
2012-10-30	29	Amended MOTION for Leave to File supplemental motion and supporting declaration by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton. (Fernandez, Carole) (Entered: 10/30/2012)
2012-10-31	30	ORDER granting 29 Motion for Leave to File Supplemental Motion and Supporting Declaration. Signed by Magistrate Judge John J. O'Sullivan on 10/31/2012. (mkr) (Entered: 10/31/2012)
2012-11-02	31	Supplemental MOTION for Summary Judgment by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton. Responses due by 11/19/2012 (Attachments: # 1 Affidavit of Katherine L. Myrick, # 2 Exhibit A to declaration of Katherine L. Myrick)(Fernandez, Carole) (Entered: 11/02/2012)
2012-11-08	32	REPLY to Response to Motion re 24 MOTION for Reconsideration re 22 Order on Motion for Summary Judgment MOTION for leave to file supplemental motion and supporting declaration filed by Enrique Puyana Mantilla. (Lichter, Irwin) (Entered: 11/08/2012)
2012-11-19	33	REPLY to Response to Motion re 24 MOTION for Reconsideration re 22 Order on Motion for Summary Judgment MOTION for leave to file supplemental motion and supporting declaration filed by United States Department of State, Wifredo A Ferrer, Eric H Holder Jr., Hillary Rodham Clinton. (Fernandez, Carole) (Entered: 11/19/2012)
2013-02-01	34	ORDER denying 24 Motion for Reconsideration; granting 31 Supplemental Motion for Summary Judgment. Signed by Magistrate Judge John J. O'Sullivan on 2/1/2013. (mkr) (Entered: 02/01/2013)
2013-02-01	35	ORDER closing case. Signed by Magistrate Judge John J. O'Sullivan on 2/1/2013. (mkr) (Entered: 02/01/2013)
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