Lawyers’ Committee For Civil Rights of the San Francisco Bay Area et al v. Executive Office for Immigration Review et al and 3 other new FOIA lawsuits, plus case descriptions

We have added 53 documents from 4 FOIA cases filed between January 31, 2016 and February 6, 2016. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. Lawyers' Committee For Civil Rights of the San Francisco Bay Area et al v. Executive Office for Immigration Review et al (filed Feb 2, 2016)
   The Lawyers Committee for Civil Rights of the San Francisco Bay Area and a coalition of public interest groups submitted two FOIA requests to the Executive Office for Immigration Review at the Department of Justice for records concerning policies, procedures, standards, and criteria developed and applied to expedited dockets announced for immigration courts across the country on July 9, 2014. The agency disclosed two related charts, but after the agency failed to provide any more substantive responses to the coalition’s FOIA requests, the coalition filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
2. Supermax, Inc. v. Federal Bureau of Prisons et al. (filed Feb 1, 2016)
   Supermax, Inc. submitted a FOIA request to Federal Prison Industries, doing business as Unicor, a contractor that runs federal prisons, for records about Unicor’s agreement with Glovepaq. After Unicor failed to respond, Supermax filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. CENTER FOR BIOLOGICAL DIVERSITY, INC. v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Feb 3, 2016)
   The Center for Biological Diversity submitted two FOIA requests to the EPA for records concerning the agency’s decision to register Enlist Duo, an herbicide used in industrial agriculture. The agency acknowledged receipt of both requests. The agency provided some records in interim responses and withheld records under Exemption 5 (privileges). The agency also denied the Center’s request for a fee waiver. The Center appealed the agency’s decisions, but after hearing nothing further from the agency, the Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Feb 5, 2016)
   The Heartland Alliance for Human Needs & Human Rights submitted FOIA requests to U.S. Immigration and Customs Enforcement and the Office of Management and Budget for records concerning policies and procedures for maintaining and/or filling beds at ICE detention facilities. ICE responded to Heartland’s request by disclosing 247 pages and 123 Excel spreadsheets. The agency withheld other 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). Heartland appealed the agency’s decision and the agency remanded the case for a more extensive search. OMB responded to Heartland’s request by indicating it had found six pages that were being referred to ICE for a determination. Heartland appealed OMB’s decision, but after hearing nothing further from the agency, Heartland filed suit against both agencies.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees