Catholic Legal Immigration Network, Inc. et al v. United States Citizenship and Immigration Services et al

We have added 126 documents from 18 FOIA cases filed between July 5, 2020 and July 11, 2020. 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. Catholic Legal Immigration Network, Inc. et al v. United States Citizenship and Immigration Services et al (filed Jul 10, 2020)
   The Catholic Legal Immigration Network, Alianza Americas, and National TPS Alliance submitted FOIA requests to U.S. Citizenship and Immigration Services, the Department of Homeland Security, and the Department of State for records concerning the Trump administration’s policy on temporary protected status. The requesters also asked for a fee waiver. The agencies acknowledged receipt of the requests and granted the requests for a fee waiver. The requesters filed administrative appeals after the agencies failed to respond within the statutory time limit. DHS asked the requesters to narrow the scope of the request. The requesters asked for an explanation of DHS’s request to narrow the scope of the request. After hearing nothing further from any of the agencies, the requesters filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. UCI Law School Immigrant Rights Clinic v. U.S. Immigration and Customs Enforcement (filed Jul 6, 2020)
   Just Futures Law, a public interest organization advocating for immigrants’ rights, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s contract with Palantir for use of its surveillance database. Just Futures Law also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told Just Futures Law that its request was too broad. Just Futures Law filed an administrative appeal of that decision and ICE agreed to conduct a search. After hearing nothing further from the agency, the UCI Law School Immigrant Rights Clinic, which represented Just Futures Law, filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
3. Cepeda v. U.S. Customs and Border Protection et al (filed Jul 6, 2020)
   Paola Cepeda, who had been brought to the U.S. from Mexico when she was three, had lived in the U.S. ever since but was now subject to deportation, submitted FOIA requests to U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services. All three agencies acknowledged receipt of Cepeda’s requests. Her request to CBP asked for records concerning an apprehension in Texas in September 2009 resulting in a voluntary return. CBP disclosed three pages with redactions under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Cepeda filed an administrative appeal of the denial and the agency removed some redactions. Her request to ICE asked for records of her detention in Laredo in 2017. The agency provided some records but referred 71 records to USCIS. Her request to USCIS asked for her alien file. The agency located 104 pages and disclosed 27 pages to Cepeda, referring 71 pages to ICE. After hearing nothing further from the agencies, Cepeda filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Jul 7, 2020)
   American Oversight submitted three FOIA requests to the Department of State for records concerning meetings chaired by Susan Pompeo and emails sent to and from her. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Powell v. US Department of State (filed Jul 7, 2020)
   Kellen Powell submitted a FOIA request to the Department of State for records concerning visa approvals and denials by visa category and post from October 2018 to December 11, 2019. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Powell filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Victoria Suh et al v. The United States Department of State (filed Jul 8, 2020)
   Victoria Suh and Isais Sanchez Gonzalez submitted FOIA requests to the Department of State for records concerning Gonzalez, whose visa application had been denied, from the U.S. Consulate General in Ciudad Juarez, Mexico. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Suh filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Buckovetz v. U.S. Department of Defense (filed Jul 8, 2020)
   Dennis Buckovetz submitted a FOIA request to the Department of Defense for records concerning the agency’s response to the FOIA request of a third party pertaining to an investigation of senior officials at DOD. The agency acknowledged receipt of the request. The DOD Office of Inspector General disclosed 25 pages with redactions under Exemption 7(C) (invasion of privacy concerning law enforcement offices). Buckovetz filed an administrative appeal of the redactions. The agency continued to withhold the names of the officials involved in the investigation. Buckovetz then filed suit.
   Issues: Litigation – Attorney’s fees
8. FOOD & WATER WATCH v. BOARD OF GOVERNORS OF THE THE FEDERAL RESERVE SYSTEM (filed Jul 8, 2020)
   Food & Water Watch submitted a FOIA request to the Federal Reserve for records concerning communications related to the accessibility of lending for oil and gas industry businesses from the White House, the Department of Energy, the Department of Treasury, Congress, and oil and gas industry representatives. The agency acknowledged receipt of the request and told Food & Water Watch that it would take time to process. After hearing nothing further from the agency, Foods & Water Watch filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. NEXT GENERATION PET FOOD MANUFACTURERS ASSOCIATION v. FOOD AND DRUG ADMINISTRATION et al (filed Jul 8, 2020)
   The Next Generation Pet Food Manufacturers Association submitted a FOIA request to the FDA for records concerning testing of 1000 pet food samples for bacteria. The agency acknowledged receipt of the request and told NGPFMA that it would take 16-20 months to process the request. After hearing nothing further from the agency, NGPFMA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. CASTRO v. INTERNAL REVENUE SERVICE (filed Jul 8, 2020)
    John Castro, an enrolled agent with the IRS whose license was suspended and then reinstated by the agency, submitted two FOIA requests to the IRS for records concerning emails sent to Tony Wood pertaining to Castro and records related to the investigation of Castro. The agency acknowledged receipt of the requests and told Castro that his requests were too broad to allow for a search. After hearing nothing further from the agency, Castro filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Torres Consulting and Law Group PLLC v. United States Department of Veterans Affairs (filed Jul 9, 2020)
    The Torres Consulting and Law Group, which oversees compliance with construction projects, submitted two FOIA requests to the Department of Veterans Affairs for records concerning certified payroll records for VA projects in Topeka, Kansas. The agency acknowledged receipt of the requests. After the agency failed to respond, Torres Consulting filed administrative appeals. The agency told Torres Consulting that it would not consider its appeals based on failure to respond on time and closed the appeals. After hearing nothing further from the agency pertaining to either request, Torres Consulting filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. AMERICANS FOR PROSPERITY FOUNDATION v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jul 9, 2020)
    Americans for Prosperity Foundation submitted a FOIA request to the Department of Justice for records concerning communications to or from Michael Stuart, the U.S. Attorney for the District of West Virginia, pertaining to a radio ad Stuart ran opposing criminal justice reforms in West Virginia, as well as records about the radio ad. AFPF also requested a fee waiver. The agency acknowledged receipt of the request. There was some confusion that caused the agency to close and then reopen AFPF’s request. After hearing nothing further from the agency, AFPF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. CENTER FOR BIOLOGICAL DIVERSITY v. COUNCIL ON ENVIRONMENTAL QUALITY et al (filed Jul 9, 2020)
    The Center for Biological Diversity submitted FOIA requests to the Council on Environmental Quality, U.S. Fish and Wildlife Service, and the Bureau of Land Management for records, including emails, concerning the agencies’ implementation of an Executive Order pertaining to infrastructure investments to recover from the corona virus pandemic. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, CBD filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Queern v. The United States (filed Jul 9, 2020)
    Jacob Queern submitted FOIA requests to the Defense Logistics Agency and the Small Business Administration. The agencies withheld records under Exemption 5 (privileges). Queern then filed suit.
    Issues: FOIA not mentioned
15. American Small Business League v. Small Business Administration (filed Jul 10, 2020)
    The American Small Business League submitted a FOIA request to U.S. Small Business Administration for records concerning the establishment of advisory committees to oversee the Payroll Protection program. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the American Small Business League filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. SIDLEY AUSTIN (DC) LLP v. CENTERS FOR MEDICARE & MEDICAID SERVICES (filed Jul 10, 2020)
    The law firm of Sidley Austin submitted three FOIA requests to the Centers for Medicare and Medicaid Services for records concerning the agency’s proposed rule on Medicare Advantage programs. The agency acknowledged receipt of the requests but after hearing nothing further from the agency concerning the processing of the requests, Sidley Austin filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
17. HINES v. U.S. DEPARTMENT OF JUSTICE (filed Jul 10, 2020)
    Pierre Hines, an attorney and community organizer, submitted a FOIA request to the Bureau of Prison for records concerning the award of a contract to CORE DC to operate a residential re-entry facility in Washington, DC. Hines also requested expedited processing. The agency acknowledged receipt of the request and granted Hines’ request for expedited processing. Six months later, BOP told Hines that it was withholding all 247 pages under Exemption 4 (confidential business information). Hines filed an administrative appeal and asked the agency to expedite the processing of the appeal. The agency told him it would not expedite the appeal. After hearing nothing further from the agency, Hines filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. Contreras & Metelska, P.A. v. U.S. Department of Justice et al (filed Jul 10, 2020)
    The law firm of Contreras & Metelska submitted a FOIA request to the Executive Office for Immigration Review for records. The law firm also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the law firm’s request for a fee waiver. Contreras & Metelska filed an administrative appeal of the fee waiver denial. However, after hearing nothing further from the agency, Contreras & Metelska filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver

In addition, we have added 6 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Ferrara v. Department of Homeland Security et al (filed Jul 2, 2020)
2. v. ACADEMY MEDICAL, INC. (filed Jul 1, 2020)
3. AKEL v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jul 1, 2020)