National Immigrant Justice Center v. U.S. Customs and Border Protection and 10 other new FOIA lawsuits

We have added 80 documents from 11 FOIA cases filed between September 26, 2021 and October 2, 2021. 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. National Immigrant Justice Center v. U.S. Customs and Border Protection (filed Sep 29, 2021)
   The National Immigrant Justice Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning the implementation of Section 1325 and Section 1326 prosecutions under Operation Sunshine. The agency acknowledged receipt of the request and told NIJC that it could find no records. NIJC filed an administrative appeal, but the agency still contended it could find no records. NIJC then filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search
2. Richard R Lawless v. The Security & Exchange Commission (filed Sep 28, 2021)
   Richard Lawless submitted FOIA requests to the SEC for records concerning the default of Puerto Rico bonds. After hearing nothing from the agency, Lawless filed suit.
   Issues: Failure to respond within statutory time limit
3. LUNDERGAN v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Sep 28, 2021)
   Gerald Lundergan, who ran Signature Special Event Services, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning himself and the investigation of his company. The agency acknowledged receipt of the request. However, after hearing nothing from the agency, Lundergan filed an administrative appealing challenging the agency’s failure to respond. The agency told Lundergan that because no adverse action had been taken yet it would not respond to his appeal. Lundergan then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. PROTECT THE PUBLIC'S TRUST v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Sep 29, 2021)
   Protect the Public Trust submitted a FOIA request to the Department of Interior for records concerning the Secretary’s visitor’s logs. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CHOWNS FABRICATION & RIGGING INC. v. U.S. DEPARTMENT OF THE TREASURY (filed Sep 29, 2021)
   Chowns Fabrication & Rigging submitted a FOIA request to the IRS for records concerning the agency’s collection activities related to Chowns Fabrication & Rigging. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Chowns Fabrication & Rigging filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Habeas Corpus Resource Center v. Federal Bureau of Investigations et al (filed Sep 30, 2021)
   The Habeas Corpus Resource Center submitted a FOIA request to the FBI for records concerning Jesse Allen Williams. The FBI acknowledged receipt of the request and told HCRC that it would incur fees for processing. The agency eventually released 387 pages, but withheld others under various exemptions. HCRC filed an administrative appeal. The FBI denied its appeal and HCRC filed suit.
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Sep 30, 2021)
   Judicial Watch submitted a FOIA request for records concerning images showing Afghanis clinging to U.S. aircraft taking off from Kabul and images of Afghanis falling off those aircraft. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Sep 30, 2021)
   Citizens for Responsibility and Ethics in Washington submitted two FOIA requests to the Department of Justice for records concerning @NunesAlt Twitter account. CREW also requested a fee waiver. The agency acknowledged both requests. After hearing nothing further from the agencies, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Slay-Richardson v. Milgram (filed Sep 30, 2021)
   Tina Slay-Richardson submitted a FOIA request to the DEA for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Slay-Richardson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Khan v. United States Department of Defense et al (filed Sep 30, 2021)
    Azmat Khan, an investigative journalist, submitted seven FOIA requests to the Central Command, part of the Department of Defense, for records concerning investigations into allegations of civilian casualties resulting from airstrikes in Hawija, Iraq on June 2-3, 2015. Kahn asked for expedited processing and a fee waiver. CENTCOMM acknowledged receipt of the requests and granted Khan’s request for a fee waiver but denied his request for expedited processing. Khan also submitted a FOIA request to U.S. Agency for International Development for records concerning civilian casualties associated with Operation Freedom Sentinel. Khan also requested a fee waiver and expedited processing. USAID granted Khan’s request for a fee waiver, but denied his request for expedited processing. After hearing nothing further from either agency, Khan filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. GALVESTON-HOUSTON IMMIGRANT REPRESENTATION PROJECT et al v. U.S. DEPARTMENT OF JUSTICE et al (filed Oct 1, 2021)
    The Galveston-Houston Immigrant Representation Project submitted FOIA requests to the Department of Justice, the Department of Homeland Security, and the Department of Health and Human Services for records concerning the legality of the Migrant Protection Protocols. GHIRP also requested a fee waiver. The agencies acknowledged receipt of the request and some components responded but after hearing nothing further from the agencies, GHIRP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees