CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES and 9 other new FOIA lawsuits

We have added 75 documents from 10 FOIA cases filed between October 31, 2021 and November 6, 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. CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Nov 4, 2021)
   The Center for Immigration Studies submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the ten leading nations or origin for self-petitioning spouses among the arrivals in the last five years for which data exists. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF STATE (filed Nov 1, 2021)
   Energy Policy Advocates submitted a FOIA request to the Department of State for records concerning the ethics clearances and recusal process for Special Presidential Envoy John Kerry. EPA also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but told EPA that it fell within the definition of unusual circumstances and take further to process. EPA then submitted a second FOIA request for records concerning the meaning of unusual circumstances. The agency acknowledged receipt of that request as well but after hearing nothing further from the agency EPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Richard R. Lawless v. The Central Intelligence Agency (filed Nov 2, 2021)
   Richard Lawless submitted a FOIA request to the CIA for records concerning transcripts of surveillance by the agency in Puerto Rico. The agency acknowledged receipt of the but denied the request by citing executive privilege. Lawless filed an administrative appeal but after hearing nothing further from the agency, Lawless filed suit.
   Issues: Failure to respond within statutory time limit
4. US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE (filed Nov 2, 2021)
   U.S. Inventor, Inc., which represents independent inventors, submitted two FOIA requests to the U.S. Patent and Trademark Office for records concerning two IPR proceedings. U.S. Inventor also requested a fee waiver. The agency acknowledged receipt of both requests. The agency denied U.S. Inventor Inc’s request for a fee waiver and charged them $4,241 in fees, which U.S. Inventor, Inc. paid. However, after hearing nothing further from the agency, U.S. Inventor, Inc. filed suit.
   Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
5. US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE (filed Nov 2, 2021)
   U.S. Inventor, Inc. v. U.S. Patent and Trademark Office for records concerning the delegation of authority for patent judges. The agency acknowledged receipt of the request but after hearing nothing further from the agency, U.S. Inventor, Inc. filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
6. GUN OWNERS OF AMERICA, INC et al v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Nov 5, 2021)
   Gun Owners of America and the Gun Owners Foundation submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning attempts by the agency top use the National Instant Criminal Background Check System to monitor gun owners. The organizations also requested a fee waiver. The agency acknowledged receipt of the request and granted the request for a fee waiver. After hearing nothing further from the agency, Gun Owners of America and the Gun Owners Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. ASHLEY v. U.S. DEPARTMENT OF JUSTICE (filed Nov 5, 2021)
   Jonathan Ashley, a law librarian at the University of Virginia Law School, submitted FOIA requests to the Department of Justice for records concerning DOJ’s list of deferred and non-prosecution agreements that were mentioned in a 209 GAO report. The agency acknowledged receipt of the request. Ashley also submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning five non-prosecution agreements. The agency acknowledged of the request. After hearing nothing further from the agency, Ashley filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. HOLMES-HAMILTON et al v. FEDERAL BUREAU OF INVESTIGATION (filed Nov 5, 2021)
   Dajuan Holmes-Hamilton, Jeremiah Williams, and William Cox submitted two FOIA requests to the FBI for records concerning the investigation of the deaths of Cynthia Ann Day and Nathaniel Edward Holmes in the Dominican Republic. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). The requesters filed an administrative appeal. After hearing nothing further from the agency, the requesters filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Failure to respond within statutory time limit
9. Whipple v. Jolley et al (filed Nov 5, 2021)
   Robert Whipple submitted a FOIA request to David Jolley at the U.S. Marshals Service for records on himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Whipple filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Ben-Shushan et al v. U.S. Citizenship and Immigration Services et al (filed Nov 6, 2021)
    Eitan Ben-Shushan submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning his files. The agency acknowledged receipt of the request. The agency told Ben-Shushan that it did not have the ability to copy a VHS tape that he had requested. Ben-Shushan filed an administrative appeal of the decision. The agency acknowledged receipt of the appeal. The agency subsequently told Ben-Shushan that it reviewed the VHS tape and that a third-party was the subject of the tape, not Ben-Shushan and that the tape was exempt under Exemption 6 (invasion of privacy). Ben-Shushan then filed suit.
    Issues: Litigation – Attorney’s fees