PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

We have added 116 documents from 15 FOIA cases filed between April 3, 2022 and April 9, 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. PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Apr 8, 2022)
   Project South submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s standards of operation for the Stewart Detention Center, including standards for medical care and COVID-19 protocols. Project South also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Project South filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. ARRINGTON v. DEPARTMENT OF DEFENSE (filed Apr 5, 2022)
   Katherine Arrington, a senior executive service employee at the Department of Defense starting in 2019 until she resigned to run for Congress in 2022, submitted a FOIA request to the Department of Defense for records concerning the suspension of her security clearance by the National Security Agency in 2021. The agency acknowledged receipt of her request. After hearing nothing further from the agency, Arrington filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. VANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION (filed Apr 6, 2022)
   Vanda Pharmaceutical submitted a FOIA request to the FDA for records concerning the agency’s reviews of its new drug application for Hetlioz. The agency acknowledged receipt of the request and told Vanda Pharmaceutical that it would withhold the reviews under Exemption 5 (privileges). Vanda Pharmaceutical filed an administrative an administrative appeal to the Department of Health and Human Services. More than a year later, HHS upheld the FDA’s decision. Vanda Pharmaceutical then filed suit.
   Issues: Litigation – Attorney’s fees
4. AMERICAN CIVIL LIBERTIES UNION et al v. DEPARTMENT OF JUSTICE (filed Apr 6, 2022)
   The ACLU submitted a FOIA request to the Department of Justice’s Office of Legal Counsel for records concerning the February 11, 2022 Executive Order related to the decision to freeze, consolidate, and potentially distribute Afghan funds. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the ACLU’s request for expedited processing, deferred a decision on its fee waiver request, and indicated that request would be placed in the complex track for processing. After hearing nothing further from the agency, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
5. EVANS v. FEDERAL BUREAU OF INVESTIGATION (filed Apr 6, 2022)
   Billy Wayne Evans submitted two FOIA requests to the FBI for records concerning himself and his deceased father. The agency acknowledged receipt of the requests. The agency told Evans that it found no records in response to both requests. Evans filed administrative appeals for both requests. The agency upheld the denials for both requests. Evans then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
6. AMERICAN WILD HORSE CAMPAIGN v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Apr 7, 2022)
   The American Wild Horse Campaign submitted a FOIA request to the Department of Agriculture’s Animal and Plant Health Inspection Service for records sent to or from APHIS veterinarian Albert Kane discussing or describing the BLM’s Wild Horse and Burro Program from June 15, 2021 to September 15, 2021. The agency acknowledged receipt of the request. The agency provided AWHC with a two-page response. AWHC then filed an administrative appeal. After hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Apr 7, 2022)
   Professional Employees for Environmental Responsibility submitted a FOIA request to the Department of Interior for records concerning the Interim Oil and Gas Report and all communications related to the release and all background materials for the report. The agency acknowledged receipt of the request. The agency released the interim report on its website but did not disclose any of the background materials. The agency then released some background materials and told PEER it would release them on a rolling basis. However, after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law et al v. U.S. Immigration and Customs Enforcement et al (filed Apr 7, 2022)
   The Kathryn Greenberg Immigration Justice Clinic submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the immigration bond system. The law clinic also requested expedited processing and a fee waiver. The law clinic also requested records in a spreadsheet format. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law clinic filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. Emery Celli Brinckerhoff Abady Ward & Maazel LLP v. United States Customs and Border Protection (filed Apr 7, 2022)
   The law firm of Emery Celli Brinckerhoff Abady Ward & Maazel submitted two FOIA requests to U.S. Customs and Board Protection for records concerning the death of Hernandez Vasquez while in agency detention. The agency acknowledged receipt of the requests. The agency initially withheld the records under Exemption 7(A) (interference with ongoing investigation or proceeding). After the Office of Inspector General investigation was completed, the agency abandoned the exemption. However, after hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Choice of format, Litigation – Attorney’s fees
10. Putnam v. The United States Army Review Board Agency et al (filed Apr 8, 2022)
    Joe Putnam, a retired Army Lt. Col., submitted a FOIA request to the Department of the Army Review Board for records concerning his case. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Putnam filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. James C. Henry v. Internal Revenue Service (filed Apr 5, 2022)
    James Henry filed a FOIA request with the IRS for records concerning documents related to him by name or taxpayer identification number. The IRS acknowledged receipt of the request but denied it in full. Henry filed an administrative appeal. The agency upheld its original decision and told Henry the records were exemption under Section 6103. Henry then filed suit.
    Issues: Litigation – Attorney’s fees
12. LOS ALAMOS STUDY GROUP v. NATIONAL NUCLEAR SECURITY ADMINISTRATION (filed Apr 6, 2022)
    The Los Alamos Study Group submitted 16 FOIA requests to the National Nuclear Security Administration for a number of topics, including records concerning performance evaluation reports for 2019-2021. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Los Alamos Group filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. Frost v. United States Department of Homeland Security (filed Apr 6, 2022)
    Vinton Frost submitted a FOIA request to the Department of Homeland Security for records concerning himself and his detention by the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Frost filed suit.
    Issues: Failure to respond within statutory time limit
14. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF TRANSPORTATION (filed Apr 7, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of Transportation for records concerning the movie “Mayor Pete” and including a list of keywords for searching. The agency acknowledged receipt of the request and told PPT that it was processing the request. After hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. AMERICA FIRST LEGAL FOUNDATION v. CENTERS FOR DISEASE CONTROL AND PREVENTION (filed Apr 8, 2022)
    America First Legal Foundation submitted a FOIA request to the Centers for Disease Control and Prevention for records concerning the agency’s involvement with flagging COVID-19 or COVID-19 vaccine-related misinformation of disinformation. AFL also requested expedited processing. The agency acknowledged receipt of the request. The agency told AFL that its request was too broad and suggested that AFL narrow the scope of its request to a handful of employees who worked on COVID-19 disinformation. AFL asked the agency to determine if it could group and disclose emailed based on a domain name. After hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, 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.

• E.G.V. v. U.S. Immigration and Customs Enforcement (filed Mar 28, 2022)