Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the Department of Homeland Security and the CIA properly responded to William MacLeod's broad requests for records. MacLeod, a Canadian citizen, applied twice for a NEXUS card, which allows for expedited customs processing when crossing the border between the United States and Canada. In his youth, MacLeod had been convicted of threatening bodily harm. As a result of that conviction, U.S Customs and Border Protection rejected his applications for a NEXUS card. MacLeod filed suit pro se to challenge the denial. Because he had also filed FOIA requests with the Department of Homeland Security and the CIA, and contended that he had sent requests to the National Security Agency and the General Services Administration, although neither agency could find a record of having requests a request from him, he included claims against those agencies under FOIA as well. In challenging the denial of his application for a NEXUS card, MacLeod contended that his conviction should have been expunged by Canada and that he had a constitutionally-based right to travel between Canada and the United States. Jackson found none of his arguments relevant to whether or not CBP improperly denied his application and dismissed the charges. Although none of the FOIA requests related directly to the denial of his NEXUS application, Jackson found the agencies had done nothing wrong in handling his requests. Both the NSA and the GSA provided affidavits explaining that they never received MacLeod's requests and since MacLeod had provided no evidence to contradict those claims, Jackson accepted their explanations. MacLeod claimed to be a Member of Parliament and argued he should have a diplomatic status. Nevertheless, after conducting a search, U.S. Citizenship and Immigration Services found no records. Jackson observed that "having made the unrebutted representation that it does not maintain the records that MacLeod requested, DHS is likewise entitled to summary judgment on MacLeod's FOIA claim." DHS subsequently decided that the Department of State might have relevant records and referred the request there. State declined to process the request unless MacLeod made the request directly to State and DHS explained that situation to Jackson. The CIA had rejected MacLeod's request as too broad. Jackson agreed, noting that "the agency is right to assert that a plaintiff who has not presented a reasonably specific request for documents, in violation of that agency's own FOIA regulations, can also be conceived of as having failed to exhaust available administrative remedies prior to bringing suit." She added that "it is clear on the face of MacLeod's letter that the categories of records he seeks are not at all specific, and the records sought are far from reasonably described."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-10-20	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF GENERAL SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY filed by WILLIAM DALE MACLEOD. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 10/26/2015)
2015-10-20	2	MOTION for Leave to Proceed in forma pauperis by WILLIAM DALE MACLEOD (zrdj) (Entered: 10/26/2015)
2015-10-20		FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED" Signed by Judge Richard J. Leon on 10/16/2015. (zrdj) Modified on 11/20/2015 (zrdj). (Entered: 10/26/2015)
2015-10-27	3	SUMMONS (7) Issued as to CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF GENERAL SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General. (md) (Entered: 10/27/2015)
2015-11-12	4	NOTICE of Appearance by Jennifer Joy Lee on behalf of All Defendants (Lee, Jennifer) (Entered: 11/12/2015)
2015-11-30	5	MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF GENERAL SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Lee, Jennifer) (Entered: 11/30/2015)
2015-12-02		MINUTE ORDER: Defendants' 5 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by March 2, 2016. Signed by Judge Ketanji Brown Jackson on 12/1/15. (ms) Modified on 12/2/2015 (ms). (Entered: 12/02/2015)
2015-12-08	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 12/4/2015 (jf) (Entered: 12/09/2015)
2016-01-13	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 12/28/2015 (jf) (Entered: 01/14/2016)
2016-03-01	8	MOTION to Dismiss and Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF GENERAL SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts Statement of Material Facts, # 2 Exhibit Exhibits 1-9, # 3 Text of Proposed Order Proposed Order)(Lee, Jennifer). Added MOTION for Summary Judgment on 3/2/2016 (jf). (Entered: 03/01/2016)
2016-03-01	9	ERRATA to add Certificate of Service by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF GENERAL SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY 8 MOTION to Dismiss and Motion for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, NATIONAL SECURITY AGENCY, UNITED STATES DEPARTMENT OF GENERAL SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Certificate of Service)(Lee, Jennifer) (Entered: 03/01/2016)
2016-03-02		NOTICE OF ERROR re 8 Motion to Dismiss; emailed to jennifer.lee@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE--Counsel is reminded to docket all parts of their motion (jf, ) (Entered: 03/02/2016)
2016-03-11	10	Order advising plaintiff to respond by 4/15/2016 to the defendants' 8 MOTION to Dismiss or for Summary Judgment, or the Court will treat the motion as conceded. Signed by Judge Ketanji Brown Jackson on 3/11/16. (ms) (Entered: 03/11/2016)
2016-03-28	11	NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of All Defendants Substituting for attorney Jennifer Joy Lee (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 03/28/2016)
2016-05-02	12	DISCHARGED PURSUANT TO MINUTE ORDER FILED ON 05/31/2016.....ORDER TO SHOW CAUSE directing the plaintiff show cause by 5/20/2016 why this case should not be dismissed for failure to prosecute. Signed by Judge Ketanji Brown Jackson on 4/29/16. (ms) Modified on 5/31/2016 (jf). (Entered: 05/02/2016)
2016-05-25	13	Memorandum in opposition to re 8 MOTION to Dismiss and Motion for Summary Judgment filed by WILLIAM DALE MACLEOD. "Leave to file GRANTED" signed by Judge Ketanji Brown Jackson on 05/25/2016 (jf) (Entered: 05/25/2016)
2016-05-26	14	MOTION for Extension of Time to File Defendants' Reply by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF GENERAL SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 05/26/2016)
2016-05-31		MINUTE ORDER: The court construes the plaintiff's 13 Memorandum in Opposition as his opposition to the defendants' dispositive motion and a timely response to the Court's Order to Show Cause. It is hereby ordered that the 12 Order to Show Cause is discharged. Signed by Judge Ketanji Brown Jackson on 5/31/16. (ms) (Entered: 05/31/2016)
2016-05-31		MINUTE ORDER: Defendants' 14 Motion for Extension of Time is granted, and its reply is due by June 22, 2016. Signed by Judge Ketanji Brown Jackson on 5/31/16. (ms) (Entered: 05/31/2016)
2016-05-31		Set/Reset Deadlines: Reply due by 6/22/2016. (gdf) (Entered: 05/31/2016)
2016-06-22	15	REPLY to opposition to motion re 8 MOTION to Dismiss and Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF GENERAL SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 06/22/2016)
2016-07-11	16	LEAVE TO FILE DENIED- Letter by Plaintiff. This document is unavailable as the Court denied its filing.. Signed by Judge Ketanji Brown Jackson on 06/27/2016. (jf) (Entered: 07/12/2016)
2017-01-23	17	MOTION for Instructions and Order by WILLIAM DALE MACLEOD (jf) (Entered: 01/24/2017)
2017-05-24	18	NOTICE by WILLIAM DALE MACLEOD. "Leave to file GRANTED" signed by Ketanji Brown Jackson on 04/3/2017 (jf) (Entered: 05/24/2017)
2017-09-21	19	MEMORANDUM AND OPINION GRANTING 8 Motion to Dismiss and Motion for Summary Judgment. See attached document for details. Signed by Judge Ketanji Brown Jackson on 09/21/2017. (lckbj1) (Entered: 09/21/2017)
2017-09-21	20	ORDER GRANTING 8 Motion to Dismiss and Motion for Summary Judgment. See attached document for details. Signed by Judge Ketanji Brown Jackson on 09/21/2017. (lckbj1) (Entered: 09/21/2017)
2017-09-21		MINUTE ORDER finding as moot 17 Motion for Instructions and Order. Signed by Judge Ketanji Brown Jackson on 09/21/2017. (lckbj1) (Entered: 09/21/2017)
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