Advocates for Basic Legal Equality, Inc. et al v. U.S. Customs and Border Protection and 10 other new FOIA lawsuits

We have added 62 documents from 10 FOIA cases filed between January 23, 2022 and January 29, 2022. 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. Advocates for Basic Legal Equality, Inc. et al v. U.S. Customs and Border Protection (filed Jan 28, 2022)
   Advocates for Basic Legal Equality and the American Immigration Council submitted three FOIA requests to U.S. Customs and Border Protection for records concerning policies and communications pertaining to the Sandusky Bay Station Border Patrol Station in Port Clinton, Ohio. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, ABLE filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. Tammy Jane Owen et al v. U.S. Immigration and Customs Enforcement et al (filed Jan 25, 2022)
   Tammy Jane Owen submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning her brother, Ben James Owen, who died while in ICE detention. The agency acknowledged the requests but after hearing nothing further from the agency, Owen filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. TOBIAS v. U.S. DEPARTMENT OF INTERIOR et al (filed Jan 25, 2022)
   Journalist Jimmy Tobias submitted s FOIA request to the Department of Interior for records concerning the Solicitor’s review of a memo mentioned in the email. The agency acknowledged receipt of the request. The agency disclosed 140 pages but withheld 112 pages in full or in part. Tobias filed an administrative appeal but after hearing nothing further from the agency, Tobias filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. Scoville v. US Department of State (filed Jan 25, 2022)
   Ryan Scoville, a law professor at Marquette University Law School, submitted a FOIA request to the Department of State for records concerning reports to Congress regarding defense articles, a term that includes military equipment. Scoville also requested a fee waiver. The agency acknowledged receipt of the request. Scoville ultimately filed an administrative appeal challenging the agency’s inability to respond on time. The agency rejected the appeal because no adverse action had been taken yet. Scoville then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. Adell v. Internal Revenue Service (filed Jan 26, 2022)
   Kevin Adell submitted a FOIA request to the IRS for records concerning the inappropriate behavior of an IRS Revenue Officer. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Adell filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY CORPS OF ENGINEERS (filed Jan 27, 2022)
   The Center for Biological Diversity submitted a FOIA request for records concerning for the agency’s current construction plan for the levee and/or flood barrier system work of approximately 13.4 miles in the Rio Grande Valley. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. GREENSPAN v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Jan 27, 2022)
   Aaron Greenspan, a data journalist, submitted three FOIA requests to U.S. Securities and Exchange Commission for records concerning CNBC Anchor Jim Cramer’s business initiative known as TheStreet.com. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Greenspan filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. Henry Koltys v. Chad F. Wolf et al. (filed Jan 28, 2022)
   Henry Koltys, an administrative law judge for the Social Security Administration in San Francisco, submitted a FOIA request to the Social Security Administration for records concerning the impact of the investigation of Koltys for carrying a gun while at a hearing in Santa Barbara. The SSA acknowledged receipt of the request and indicated that it would charge $6,048 in fees. Klotys narrowed the scope of his request but after hearing nothing further from the agency, Klotys filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
9. Hoppock Law Firm LLC et al v. Munita et al (filed Jan 28, 2022)
   The Hoppock Law Firm, an immigration law firm in Kansas, filed a suit against U.S. Citizenship and Immigration Services in response to a letter from the agency insisting the law firm return information disclosed under FOIA pertaining to its clients. The agency originally disclosed data that it contended was not required to be released under FOIA as a matter of administrative discretion. Hoppock Law Firm did not file an administrative appeal because it received all the records. However, USCIS then sent a Demand Letter indicating that those portions of the records released as a matter of administrative discretion be returned to the agency. The Hoppock Law Firm then filed suit.
   Issues: Litigation – Attorney’s fees
10. Gonzalez v. U.S. Department of Agriculture (filed Jan 29, 2022)
    Joey Gonzalez Ramos, a former employee of the Agricultural Research Service, submitted a FOIA request to the Department of Agriculture for records concerning communications between himself and a number of other ARS employees. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gonzalez Ramos filed suit,
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• WATTLETON v. U.S DEPARTMENT OF JUSTICE (filed Jan 20, 2022)