Case Detail

FOIA Project Annotation: A federal court in New Jersey has ruled that the Department of Homeland Security and the FBI conducted adequate searches for records concerning Mohammad Qatanani, a Jordanian national who had immigrated to the United States in 1996 where he serves as Imam at the Islamic Center of Passaic County, and properly withheld records under a variety of exemptions. In 1993, Qatanani had been detained and allegedly tortured by the Israeli Defense Forces, who released him after he had signed a "finishing paper" that was apparently used as the basis for his conviction in Israel of supporting Hamas. Qatanani applied for permanent residency in the U.S. in 1999, but his application was not heard until 2005. During an interview with FBI and Immigration and Customs Enforcement agents, Qatanani told them of his detention by IDF, but did not characterize it as an arrest. The interviewing agents later concluded that Qatanani had lied about his arrest in Israel and his application for permanent residency was denied. While Qatanani's removal proceeding was pending, his attorney made a series of FOIA requests to Homeland Security and the FBI. DHS ultimately found thousands of responsive pages and the FBI located another 279 pages. Qatanani filed suit challenging both the searches conducted by the agencies and their exemption claims. Qatanani's primary challenge to ICE's search was that it did not involve senior officials. The court noted that "if the Court adopted Qatanani's premise, the determinative factor for the reasonableness of a FOIA search would be its results. . .ICE need not scour every office to locate responsive records absent a finely tailored request identifying specific documents or places to search, nor must it expand its search based on speculations derived from vague references without 'a positive indication of overlooked materials.'" DHS had withheld a number of records under Exemption 5 (privileges). Qatanani argued that some records had lost their privilege because they constituted final decisions. Addressing one such document, the court pointed out that "the document remains deliberative and predecisional because it recommends and analyzes litigation strategy and its recommendations had yet to be acted on. There is no indication that this [document] or any other withholdings that Qatanani challenges constitute formal interpretations of established ICE policy or later became policy. . ." Qatanani claimed the agency was improperly withholding factual case summaries under the attorney work-product privilege. The court explained that "considering the broad scope a court should afford the work product doctrine, the Court finds that ICE has demonstrated its right to invoke it under Exemption 5." The FBI had withheld records under Exemption 7(A) (interference with ongoing investigation or proceedings). Qatanani questioned the agency's category-by-category descriptions of withheld documents. The court, however, indicated that "the FBI provides the same level of detail under the other four subcategories and logically connects their disclosure to an articulable harm." The court rejected Qatanani's claim that disclosure of personally-identifying information for agency officials involved in his case would be in the public interest, noting instead that "he originally submitted his FOIA request in order to get information he thought would be relevant in his removal proceeding, a purely personal interest." As to whether the individuals' information was protected under Exemption 6 (invasion of privacy) or Exemption 7(C) (invasion of privacy concerning law enforcement records), the court indicated that "even if their identities are already publicly known or if they possessed a diminished privacy interest, these persons still retain a privacy interest entitled to protection under Exemption 7(C)."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2012-06-29	1	COMPLAINT against DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 350 receipt number 4437682), filed by MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY. (Attachments: # 1 Civil Cover Sheet)(ma) Modified on 7/5/2012 (mn). (Entered: 07/02/2012)
2012-07-02	2	SUMMONS ISSUED as to DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *MURTUZA AKBARI* (ma) (Entered: 07/02/2012)
2012-07-09	3	Letter from Magistrate Judge Patty Shwartz re case management responsibilities in this matter. (dc, ) (Entered: 07/09/2012)
2012-07-10	4	Letter from Lawrence S. Lustberg, Esq., re names and addresses of attorneys representing the Plaintiffs re 3 Letter. (LUSTBERG, LAWRENCE) (Entered: 07/10/2012)
2012-07-17	5	NOTICE by MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY re 1 Complaint, 2 Summons Issued, Summons Returned Executed as to U.S. Attorney's Office (served 7/6/2012, answer due 8/6/2012) (LUSTBERG, LAWRENCE) (Entered: 07/17/2012)
2012-08-06	6	Application and Proposed Order for Clerk's Order to extend time to answer Attorney SCOTT RISNER for DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION,SCOTT RISNER for DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION added. (RISNER, SCOTT) (Entered: 08/06/2012)
2012-08-06		Clerk`s Text Order - The document 6 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION has been GRANTED. The answer due date has been set for 8/20/12. (dc, ) (Entered: 08/08/2012)
2012-08-20	7	ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION.(RISNER, SCOTT) (Entered: 08/20/2012)
2012-08-23	8	NOTICE by DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION (Notice of Attorney Unavailability) (RISNER, SCOTT) (Entered: 08/23/2012)
2012-08-23	9	SCHEDULING ORDER, Scheduling Conference set for 10/30/2012 10:00 AM in ewark - Courtroom 10 before Magistrate Judge Patty Shwartz. Signed by Magistrate Judge Patty Shwartz on 8/23/12. (aa, ) (Entered: 08/23/2012)
2012-10-24	10	TEXT ORDER, (The scheduling order scheduled for 10/30/12 has been rescheduled for 11/8/2012 11:00 AM before Magistrate Judge Patty Shwartz.)ORDERED by Magistrate Judge Patty Shwartz on 10/24/12. (Liriano, I) (Entered: 10/24/2012)
2012-11-05	11	TEXT ORDER, To reduce travel and address issues counsel may be facing in the aftermath of the storm, the November 8, 2012 Rule 16 conference shall proceed via telephone. Plaintiff shall initiate the telephone call. ORDERED by Magistrate Judge Patty Shwartz on 11/5/12. (Liriano, I) (Entered: 11/05/2012)
2012-11-07	12	Joint Discovery Plan by DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION.(RISNER, SCOTT) (Entered: 11/07/2012)
2012-11-08		Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Scheduling Conference held on 11/8/2012. (aa, ) (Entered: 12/04/2012)
2012-11-09	13	ORDER ON INFORMAL APPLICATION consolidating this case with 12-5379 for all purposes; that no later than 11/20/2012, deft. shall submit a letter providing a status report concerning the production of information from the Department of Homeland Security; etc. Signed by Magistrate Judge Patty Shwartz on 11/8/12. (dc, ) (Entered: 11/14/2012)
2012-11-09		Cases associated: Create association to 2:12-cv-05379-KSH-PS. (dc, ) (Entered: 11/14/2012)
2012-11-21	14	ORDER ON INFORMAL APPLICATION granting the request to extend the 11/26/12 deadline for the FBI to produce documents; that, no later than 12/3/12, the deft. shall produce documents in the possession of the Federal Bureau of Investigation, etc. Signed by Magistrate Judge Patty Shwartz on 11/20/12. (dc, ) (Entered: 11/26/2012)
2012-11-29	15	ORDER ON INFORMAL APPLICATION granting the request to extend the 12/3/12 deadline for the ICE OPLA to produce documents, etc. Signed by Magistrate Judge Patty Shwartz on 11/28/12. (dc, ) Modified on 12/11/2012 (mn). (Entered: 11/30/2012)
2012-12-11	16	ORDER ON INFORMAL APPLICATION granting the request to extend the 12/10/12 deadline to submit a proposed briefing schedule, etc. Signed by Magistrate Judge Patty Shwartz on 12/10/12. (dc, ) (Entered: 12/11/2012)
2012-12-11	17	NOTICE of Appearance by JONATHAN MATTHEW MANES on behalf of MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY (MANES, JONATHAN) (Entered: 12/11/2012)
2012-12-20	18	ORDER on Informal Applicaiton no later than January 4, 2013, the plaintiffs shall notify the defendants of the redactions to documents received as of December 31, 2012 that they do not contest, etc.; that the defendants motion for summary judgment shall be filed no later than March 8, 2013; that the plaintiffs shall file a cross- motion and response to the motion for summary judgment no later than April 1, 2013, etc. Signed by Magistrate Judge Patty Shwartz on 12/17/12. (jd, ) (Entered: 12/26/2012)
2013-02-01	19	ORDER ON INFORMAL APPLICATION granting the request to extend the 2/5/13 deadline for ICE to complete its production of nonexempt documents and ICE shall produce its nonexempt documents other than those from its Office of Principal Legal Advisor by 2/5/13; that, no later than 3/8/13, the pltfs. shall notify the defts of the redactions to documents received after 2/5/13 and by 3/1/13 that they do not contest; that defts' motion for summary judgment shall be filed no later than 3/15/12; that pltfs. shall file a cross-motion and response to the motion for summary judgment no later than 4/8/12; that the return date shall be 5/6/12 before the Hon. Katharine S. Hayden, etc. Signed by Magistrate Judge Patty Shwartz on 2/1/13. (dc, ) (Entered: 02/05/2013)
2013-03-06	20	ORDER granting the Defendants an extension of time to move for summary judgment. Defendants' motion for summary judgment shall be filed no later than 3/22/13. Plaintiffs shall file a cross-motion and response to the motion for sumary judgment no later than 4/15/13. The return date for the motion shall be 5/6/13 before the Hon. Katharine S. Hayden, etc. Signed by Magistrate Judge Patty Shwartz on 3/1/13. (gmd, ) (Entered: 03/06/2013)
2013-03-06	21	ORDER GRANTING defendants an extension of the deadline to file their motion for sumary judgment to 3/22/13; plaintiffs shall file a cross-motion and response to the motion for summary judgment by 4/15/13; defendants shall file their reply brief by 4/22/13. The return date for the motion shall be 5/6/13 Signed by Magistrate Judge Patty Shwartz on 3/1/13. (gmd, ) (Entered: 03/08/2013)
2013-03-19		CLERK'S QUALITY CONTROL MESSAGE - Please note the Order attached to doc#21 filed by the Clerk's office on 3/6/13 was duplicated. Please disregard. (gmd, ) (Entered: 03/19/2013)
2013-03-25	22	ORDER that the defendants' request for a 45 page extension re: brief in support of their motion for summary judgment is GRANTED. Signed by Magistrate Judge Patty Shwartz on 3/25/13. (gmd, ) (Entered: 03/26/2013)
2013-04-11		Case Reassigned to Magistrate Judge Cathy L. Waldor. Magistrate Judge Patty Shwartz no longer assigned to the case. (aa, ) (Entered: 04/11/2013)
2013-04-12	23	Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(MANES, JONATHAN) (Entered: 04/12/2013)
2013-04-12	24	ORDER on request for extension of time to file. Signed by Judge Katharine S. Hayden on 4/12/13. (rg, ) (Entered: 04/12/2013)
2013-04-24	25	Consent MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Cross-Motion for Summary Judgment and in Opposition to Motion for Summary Judgment by MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(MANES, JONATHAN) (Entered: 04/24/2013)
2013-04-24	26	Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY. Responses due by 5/6/2013 (Attachments: # 1 Brief in Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment, # 2 Declaration of Jonathan Manes, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q (Part 1 of 2), # 20 Exhibit Q (Part 2 of 2), # 21 Exhibit R, # 22 Statement of Material Facts Not In Dispute and Response to Defendants' Statement of Material Facts Not In Dispute, # 23 Text of Proposed Order, # 24 Certificate of Service)(MANES, JONATHAN) (Entered: 04/24/2013)
2013-04-25		Set Deadlines as to 25 Consent MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Cross-Motion for Summary Judgment and in Opposition to Motion for Summary Judgment . Motion set for 5/20/2013 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (gmd, ) (Entered: 04/25/2013)
2013-04-25		Set Deadlines as to 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . Motion set for 5/20/2013 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (gmd, ) (Entered: 04/25/2013)
2013-04-25	27	ORDER granting extension of the page limit to be no longer than 55 pages re: 25 Motion for Leave to File Excess Pages. Signed by Judge Katharine S. Hayden on 4/25/13. (gmd, ) (Entered: 04/25/2013)
2013-05-01	28	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(RISNER, SCOTT) (Entered: 05/01/2013)
2013-05-02	29	ORDER granting 28 Motion for Extension of Time to File Response/Reply re 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment Replies due by 5/15/2013.. Signed by Judge Katharine S. Hayden on 5/2/13. (rg, ) (Entered: 05/02/2013)
2013-05-15	30	MOTION for Leave to File Ex Parte Documents In Connection With Reply Memorandum by DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(RISNER, SCOTT) (Entered: 05/15/2013)
2013-05-15	31	Consent MOTION for Leave to File Excess Pages by DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(RISNER, SCOTT) (Entered: 05/15/2013)
2013-05-15	32	REPLY to Response to Motion filed by DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION re 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment (Attachments: # 1 Exhibit 7 (Hardy Suppl. Decl.), # 2 Exhibit 8 (Eggleston Suppl. Decl.), # 3 Exhibit 9 (Law Suppl. Decl.), # 4 Exhibit 10 (Public Notice), # 5 Exhibit 11 (Public Notice), # 6 Response to Statement of Facts, # 7 Certificate of Service)(RISNER, SCOTT) (Entered: 05/15/2013)
2013-05-16		Set Deadlines as to 30 MOTION for Leave to File Ex Parte Documents In Connection With Reply Memorandum . Motion set for 6/17/2013 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (gmd, ) (Entered: 05/16/2013)
2013-05-16		Set Deadlines as to 31 Consent MOTION for Leave to File Excess Pages . Motion set for 6/17/2013 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (gmd, ) (Entered: 05/16/2013)
2013-05-20	33	ORDER granting 31 Motion for Leave to File Excess Pages up to 40 pages. Signed by Judge Katharine S. Hayden on 5/20/13. (gmd, ) (Entered: 05/20/2013)
2013-05-20	34	ORDER re: 30 Motion for Leave to File that defendants' motion is granted, and defendants submissions will be accepted for the Court's ex parte and in camera review. Signed by Judge Katharine S. Hayden on 5/20/13. (gmd, ) (Entered: 05/20/2013)
2013-05-23	35	MOTION for Leave to File Reply Brief in Support of Plaintiffs' Cross-Motion for Summary Judgment by MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(MANES, JONATHAN) (Entered: 05/23/2013)
2013-05-23		Set Deadlines as to 35 MOTION for Leave to File Reply Brief in Support of Plaintiffs' Cross-Motion for Summary Judgment . Motion set for 6/17/2013 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (gmd, ) (Entered: 05/23/2013)
2013-05-29	36	REPLY to Response to Motion filed by MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY re 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment (Attachments: # 1 Certificate of Service)(MANES, JONATHAN) (Entered: 05/29/2013)
2013-06-06	37	Letter from Lawrence S. Lustberg, Esq., requesting oral argument re 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . (LUSTBERG, LAWRENCE) (Entered: 06/06/2013)
2013-06-11	38	TEXT ORDER: Plaintiffs' motion for leave to file a reply brief [D.E. 35] is granted; the Court will consider the reply brief filed on 05/29/13 [D.E. 36]. Ordered by Judge Katharine S. Hayden on 6/11/13. (rg, ) (Entered: 06/11/2013)
2013-06-11	39	TEXT ORDER: Plaintiffs' request for oral argument [D.E. 37] is denied; the cross-motion for summary judgment [D.E. 26] will be decided on the papers. ORDERED by Judge Katharine S. Hayden on 6/11/13. (rg, ) (Entered: 06/11/2013)
2013-10-31	40	NOTICE by MOHAMMAD MAHDI AHMAD HASSAN QATANANI, CLAUDIA SLOVINSKY of Withdrawal of Appearance (MANES, JONATHAN) (Entered: 10/31/2013)
2013-11-07	41	Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney JONATHAN MATTHEW MANES terminated. (MANES, JONATHAN) (Entered: 11/07/2013)
2013-11-12	42	NOTICE of Appearance by SCOTT DOUGLAS LEVIN on behalf of DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF JUSTICE AND ITS COMPONENT FEDERAL BUREAU OF INVESTIGATION (LEVIN, SCOTT) (Entered: 11/12/2013)
2013-11-12	43	Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney SCOTT RISNER terminated. (RISNER, SCOTT) (Entered: 11/12/2013)
2015-01-28	44	TEXT ORDER: Scheduling oral argument in this matter on the pending 26 Cross MOTION for Summary Judgment for 2/10/2015 at 10:00 AM. Counsel are required to confirm attendance via letter filed on CM/ECF no later than 2/2/15. Ordered by Judge Katharine S. Hayden on 1/28/15. (rg, ) (Entered: 01/28/2015)
2015-01-30	45	Letter from from Defendants (requesting rescheduling of Feb. 10, 2015 argument). (LEVIN, SCOTT) (Entered: 01/30/2015)
2015-02-05		TEXT ORDER: Rescheduling oral argument as to 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment for 3/16/2015 at 11:00 AM. ORDERED by Judge Katharine S. Hayden on 2/5/15. (rg, ) (Entered: 02/05/2015)
2015-03-12	46	TEXT ORDER: The Court shall issue a written opinion in this matter the week of March 16, 2015. Oral argument in this matter is cancelled.. So Ordered by Judge Katharine S. Hayden on 3/12/15. (rg, ) (Entered: 03/12/2015)
2015-03-31	47	OPINION. Signed by Judge Katharine S. Hayden on 3/31/15. (rg, ) (Entered: 03/31/2015)
2015-03-31	48	ORDER denying 26 Motion for Summary Judgment. Signed by Judge Katharine S. Hayden on 3/31/15. (rg, ) (Entered: 03/31/2015)
2015-04-01	49	TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 5/4/15 at 12:30 PM. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 4/1/15. (tjg, ) (Entered: 04/01/2015)
2015-04-29		***Civil Case Terminated. Pursuant to order on file. (rg, ) (Entered: 04/29/2015)
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