FOIA Activity: 109 new FOIA court documents, plus case descriptions

We have added 105 documents from 16 FOIA cases filed between September 13, 2020 and September 19, 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. MOHARAM v. U.S. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 14, 2020)
   Fahmi Ahmed Moharam, who was raised in Yemen but immigrated to the U.S. and received derivative U.S. citizenship, submitted FOIA requests to the FBI and the State Department for records concerning why he had been placed on the no fly list. The agencies acknowledged receipt of the requests. The FBI told Moharam that it found no records. Moharam filed an administrative appeal of that finding. The FBI upheld the no records decision and further told Moharam that to the extent he was on the No-Fly list, such records would be withheld under Exemption 7(E) (investigative methods and techniques). Moharam heard nothing further from the State Department. He then filed suit against both agencies.
   Issues: Adequacy – Search, Exemption 7(E) – Investigative methods or techniques, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. AMERICAN OVERSIGHT v. U.S. POSTAL SERVICE (filed Sep 15, 2020)
   American Oversight submitted a FOIA request to the U.S. Postal Service for records concerning appointment calendars for Louis DeJoy. The agency acknowledged receipt of the request and told American Oversight that it had no responsive records because DeJoy’s appointment calendars were personal records not subject to FOIA. American Oversight filed an administrative appeal. The agency acknowledged receiving the appeal. After hearing nothing from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. WASHINGTON BLADE et al v. UNITED STATES DEPARTMENT OF LABOR (filed Sep 15, 2020)
   Chris Johnson, a reporter for the Washington Blade, submitted a FOIA request to the Department of Labor’s Office of Federal Contract Compliance Programs for records concerning emails from the director or deputy director containing the word “religion” or “religious” from January 2017 to August 2019. Johnson also requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the request and granted Johnson news media fee status. The agency told Johnson it would take some time to process his request. Johnson filed an administrative appeal of the agency’s failure to respond on time. After hearing nothing further from the agency, Johnson filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. BUZZFEED INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 15, 2020)
   BuzzFeed submitted a FOIA request to the Department of Justices’ Criminal Division for records concerning filings by Archer Daniels Midland as part of a non-prosecution agreement signed in December 2013. The agency acknowledged the request. The agency told BuzzFeed that the request was being placed in the complex track for processing. After hearing nothing further from the agency, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Vargas v. U.S. Department of Homeland Security et al (filed Sep 15, 2020)
   Erazo Vargas submitted a FOIA request to the Department of Homeland Security for records concerning himself. The agency acknowledged receipt of the request. U.S. Immigration and Customs Enforcement provided five responsive records. Vargas filed an administrative appeal of that decision. U.S. Citizenship and Immigration Services told Vargas that his request was being put on the complex track for processing. After hearing nothing further from the agencies, Vargas filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. VAZQUEZ CARRILLO v. Department of Homeland Security et al (filed Sep 15, 2020)
   Blanca Estella Vazquez Carrillo, a resident of the U.S. who had been detained by U.S. Immigration and Customs Enforcement, submitted a FOIA request to the Department of Homeland Security for records about herself. The agency acknowledged receipt of the request. ICE provided five responsive pages. Vazquez Carrillo filed an administrative appeal of that decision. U.S. Citizenship and Immigration Services placed Vazquez Carrillo’s request on priority processing because she was facing immediate deportation. However, after hearing nothing further from the agencies, Vazquez Carrillo filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Glennborough Homeowners Association v. The United States Postal Service (filed Sep 15, 2020)
   The Glennborough Homeowners Association, a subdivision in Ypsilanti, submitted a FOIA request to the U.S. Postal Service for records concerning the Postal Service’s denial of Glennborough’s request to have its zip code changed. The agency acknowledged receipt of the request. The agency sent a partial response containing 152 pages, eight pages were withheld in full while 32 pages were redacted. Glennborough filed an administrative appeal of that decision. After hearing nothing further from the agency, Glennborough Homeowners Association filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Alianza Nacional de Campesinas et al v. United States Department of Health and Human Services (filed Sep 16, 2020)
   Alianza Nacional de Campersinas, Hispanic Federation, GreenLatinos, and the Labor Council for Latin American Advancement submitted a FOIA request to the Department of Health and Human Services for records concerning plans to expand the migrant children detention facility in Tornillo, Texas. The requesters also asked for expedited processing. The agency acknowledged receipt of the request. The agency told the requesters that since there were 600 requests ahead of theirs processing the request would take some time. After hearing nothing further from the agency, the advocacy groups filed suit.
   Issues: Expedited processing – Compelling Need, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CENTER FOR BIOLOGICAL DIVERSITY v. UNITED STATES DEPARTMENT OF COMMERCE et al (filed Sep 16, 2020)
   The Center for Biological Diversity submitted FOIA requests to the Department of Commerce and the Department of Agriculture for records concerning the government’s reaction to Thailand’s announcement that it might ban glyphosate. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 16, 2020)
    Judicial Watch submitted a FOIA request to the FBI for records concerning a deceased individual named Bella Dodd. The agency acknowledged receipt of the request and invoked unusual circumstances. After hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. Catholic Charities Legal Services, Archdiocese of Miami, Inc. v. Director of Office of Information Programs and Services, U.S. Department of State et al (filed Sep 16, 2020)
    Catholic Charities Legal Services, Archdiocese of Miami submitted a FOIA request to the Department of State for records concerning the characteristics that make Cuban citizens eligible for repatriation to Cuba. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Catholic Charities Legal Services filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Oakes v. United States Department of Defense (filed Sep 16, 2020)
    Cameron Oakes, a freelance journalist, submitted five FOIA requests to the Department of Defense for records concerning contracts awarded to several companies. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Oakes filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. State of Washington v. Public Buildings Reform Board (filed Sep 16, 2020)
    The Office of the Attorney General of the State of Washington submitted a FOIA request to the Public Buildings Reform Board concerning the federal government’s decision to close and sell the National Archives Center in Seattle. The AGO also requested a fee waiver. The agency acknowledged receipt of the request. PBRB told the AGO that it would cost $65,400 to process and redact the records. The AGO asked PBRB to reconsider its cost estimate. After hearing nothing further from the agency, the AGO filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
14. CAYUGA NATION v. U.S. DEPARTMENT OF INTERIOR (filed Sep 18, 2020)
    The Cayuga Nation submitted a FOIA request to the Bureau of Indian Affairs for records concerning the visit of Bryan Bald Eagle and Jimmy Gibson to the Cayuga Nation reservation in New York. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Cayuga Nation filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
15. BONILLA REYES v. CUSTOMS AND BORDER PATROL et al (filed Sep 18, 2020)
    Juan Jose Bonilla Reyes submitted FOIA requests to the Department of Homeland Security and component agencies for records concerning his border apprehension and any encounters between him and CBP. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Reyes filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
16. Natural Resources Defense Council, Inc. v. U.S. Food and Drug Administration (filed Sep 18, 2020)
    The Natural Resources Defense Council submitted a FOIA request to the FDA for records concerning the NRDC’s petitions to ban pesticides. NRDC also requested a fee waiver. The agency acknowledged receipt of the request. The agency responded to part of the request. However, after hearing nothing further from the agency, NRDC filed suit.
    Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 4 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. BINNS v. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 10, 2020)
2. Zuzindlak et al v. Asafa et al (filed Sep 10, 2020)
3. Zuzindlak et al (filed Sep 10, 2020)
4. WEISE v. FEDERAL BUREAU OF INVESTIGATION (filed Sep 8, 2020)