NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD v. DEPARTMENT OF STATE et al, plus case descriptions

We have added 88 documents from 13 FOIA cases filed between December 4, 2022 and December 10, 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. NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD v. DEPARTMENT OF STATE et al (filed Dec 5, 2022)
   The National Immigration Project of the National Lawyers Guild submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the number of adjustments of status application denials made under Section 212(a)(3)(B) of the Immigration and Nationality Act. NIP also requested a fee waiver. The agency acknowledged receipt of the request and granted NIP’s request for a fee waiver. NIP also submitted a FOIA request for records from the State Department for the number of visa applications for named countries in Africa and the Middle East. The agency acknowledged receipt of the request but after hearing nothing further from either agency, NIP filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Lindsay-Poland v. United States Department of Justice et al (filed Dec 5, 2022)
   John Lindsay-Poland, a writer and researcher, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning a data query of firearms recovered from Mexico, Guatemala, Honduras, and El Salvador, and traced by the ATF. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes), citing the Tiahrt Rider as the basis for the denial. Lindsay-Poland filed an administrative appeal. The agency denied his administrative appeal. Lindsay-Poland then filed suit.
   Issues: Litigation – Attorney’s fees
3. NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Dec 5, 2022)
   The National Immigration Project of the National Lawyers Guild submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning all adjustment of status application denials based on Section 212(a)(9)(C, for inadmissibility due to unlawful presence after previous immigration violation. The agency acknowledged receipt of the request and granted NIP’s request for a fee waiver. After hearing nothing further from the agency, NIP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Dec 6, 2022)
   The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning certain specified text messages between FERC Commissioner Allison Clements using either “funder” or “SustainableFERC.” The agency did not acknowledge receipt of the request. After hearing nothing from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
5. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Dec 6, 2022)
   The Institute for Energy Research submitted FOIA requests to the Federal Energy Regulatory Commission for records concerning a series of chat/log meetings that had been hosted by FERC. The agency acknowledged receipt of the requests. IER also submitted another FOIA request for text messages from Chairman Richard Glick. The agency acknowledged receipt of that request as well. After hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
6. INSTITUTE FOR ENERGY RESEARCH v. DEPARTMENT OF THE TREASURY (filed Dec 6, 2022)
   The Institute for Energy Research submitted a FOIA request to the Department of Treasury for records concerning correspondence sent to or from certain named officials. IER also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. TWIN-CITY MOTOR COMPANY BUILDING, LLC v. INTERNAL REVENUE SERVICE (filed Dec 6, 2022)
   The Twin City Motor Company Building submitted FOIA requests to the IRS for records concerning the Examination Division’s administrative files related to the Kanter Appraisal Reports. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Twin City Motor Company Building filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
8. New York Times Company et al v. U.S. Department of Defense (filed Dec 6, 2022)
   New York Times reporter Charlie Savage submitted a FOIA request to the Department of Defense for records concerning policy guidance for U.S. Special Operations Command. Savage submitted a second FOIA request for two documents one covering the administration’s policy for combatting international terrorism and other a president memo setting rules and procedures for the use of force away from areas of active hostilities. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of his requests, Savage and the New York Times filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
9. INSTITUTE FOR ENERGY RESEARCH v. DEPARTMENT OF THE TREASURY et al (filed Dec 7, 2022)
   The Institute for Energy Research submitted a FOIA request to the IRS for records concerning certain described correspondence sent to or from named IRS officials that was also sent to or from certain named staff of Congress. The agency acknowledged receipt of the request but after hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
10. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF STATE (filed Dec 7, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of State for records from the Ethics Office pertaining to a list of agency officials. The agency acknowledged receipt of the request. The agency provided PPT several estimated times of completion, however, after hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
11. SCOTTS VALLEY BAND OF POMO INDIANS v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Dec 7, 2022)
    The Scotts Valley Band of Pomo Indians submitted a FOIA request to the Administration for Children and Families for records concerning the Scotts Valley Band of Pomo Indians’ three-year Tribal Temporary Assistance for Needy Families plans and amendments from 2008-2013. The agency failed to acknowledge receipt of the request. After hearing nothing further from the agency, the Scotts Valley Band of Pomo Indians filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. National Bail Fund Network et al v. Immigration & Customs Enforcement et al (filed Dec 8, 2022)
    The National Bail Fund Network, Norcal Resist, Refugee and Immigration Center for Education and Legal Services, Prairieland Freedom Fund, and the American Immigration Council submitted a FOIA request to U.S. Immigration and Customs Enforcement asking the agency to post its policies, interpretations, and staff memos concerning five categories relating to posting of bonds under section (a)(2), the affirmative disclosure provisions of FOIA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the requesters filed suit.
    Issues: Failure to respond within statutory time limit, Choice of format, Litigation – Attorney’s fees
13. MORRISON URENA, L.C. v. UNITED STATES DEPARTMENT OF STATE (filed Dec 9, 2022)
    The immigration law firm of Morrison Urena, L.C. submitted a FOIA request to the Department of State for records concerning an intermittent IT glitch in the State Department’s Consular Electronic Application system that originated on or about February 20, 2022 and lasted through June 15, 2022. Morrison Urena also requested expedited processing. The agency acknowledged receipt of the request and denied Morrison Urena’s request for expedited processing. After hearing nothing further from the agency, Morrison Urena filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees