BLEACH v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES and 12 other new FOIA lawsuits, plus case descriptions

We have added 79 documents from 12 FOIA cases filed between December 18, 2022 and December 24, 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. BLEACH v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Dec 22, 2022)
   Katherine Bleach submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s policy for expediting certain projects or new commercial enterprises. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bleach filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. American Civil Liberties Union Foundation et al v. U.S. Department of Homeland Security et al (filed Dec 22, 2022)
   The ACLU and the ACLU of Northern California submitted a FOIA request to the Department of Homeland Security for records concerning language access issues in immigration detention from January 2016 to the present. The ACLU also requested expediting processing and a fee waiver. The agency acknowledged receipt of the request and denied the ACLU’s request for expedited processing. The agency released seven pages but withheld others under Exemption 5 (privileges) and Exemption 7 (law enforcement records). The ACLU filed an administrative appeal. After hearing nothing further from the agency, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. VON KALTNER v. DEPARTMENT OF HOMELAND SECURITY et al (filed Dec 22, 2022)
   George Von Kaltner submitted a FOIA request to the Department of Homeland Security for records concerning the reasons his application to join the Global Entry program was denied. The agency acknowledged receipt of the request but denied it. Von Kaltner ultimately filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
4. VANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION (filed Dec 22, 2022)
   Vanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning the drug tasimelteon and the manufacture or production of tasimelteon. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceuticals fields suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. VANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION (filed Dec 22, 2022)
   Vanda Pharmaceuticals submitted a FOIA request for records concerning communications with any individual or outside entity regarding the drug tasimelteon. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceuticals filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. FUNCTIONAL GOVERNMENT INITIATIVE v. U. S. DEPARTMENT OF AGRICULTURE (filed Dec 19, 2022)
   Functional Government Initiative submitted a FOIA request for records concerning meetings of the Supply Chain Disruptions Task Force. The agency acknowledged receipt of the request. After hearing nothing further from the agency, FGI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. SIEGAL MCINTYRE v. US CUSTOMS AND BORDER PROTECTION (filed Dec 20, 2022)
   Erin Siegel McIntyre, a journalist and photographer who was making a documentary on CBP, submitted 14 FOIA requests to U.S. Customs and Border Protection for records concerning hazing and sexual harassment problems at the agency. The agency acknowledged receipt of the requests but after the agency respond substantively to any of the requests, McIntyre filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. MORRISON URENA, L.C. v. UNITED STATES DEPARTMENT OF STATE (filed Dec 20, 2022)
   The immigration law firm of Morrison Urena submitted a FOIA request to the Department of State for records concerning communications between the U.S. Embassy in Islamabad, Pakistan and various agency offices pertaining to staffing shortages. Morrison Urena also requested expedited processing. The agency acknowledged request of the request and denied the 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
9. Nickson v. US Department of State (filed Dec 20, 2022)
   Matthew Nickson submitted a FOIA request to the Department of State for records from the U.S. Embassy in Cameroon concerning the treatment of Anglophone deportees/returnees to Cameroon. Nickson also requested expedited processing. The agency acknowledged receipt of the request. The agency denied Nickson’s request for expedited processing. After hearing nothing further from the agency, Nickson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Gabig et al v. US Department of Justice et al (filed Dec 21, 2022)
    Jerome Gabig, an attorney for ORBIS Sibro, submitted a FOIA request to the Department of Justice for records concerning accounting records pertaining to ORBIS Sibro submitted to the U.S. Attorney’s Office in South Carolina. The agency acknowledged receipt of the request. After hearing nothing further from the U.S. Attorney’s Office in South Carolina, Gabig filed an administrative appeal to the Office of Information Policy. OIP acknowledged receipt of the request but after hearing nothing further from OIP. Gabig filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. ACCOUNTABILITY FBI, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Dec 22, 2022)
    Accountability FBI submitted a FOIA request to the FBI for records concerning misconduct against senior FBI SES officials between January 2015 and December 31, 2021. The agency acknowledged receipt of the request. The agency told Accountability FBI that its request was not specific enough for it to conduct a search. Accountability FBI filed an administrative appeal of the denial. DOJ affirmed the denial. After hearing nothing further from the agency, Accountability FBI filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
12. Schneider v. Britt (filed Dec 23, 2022)
    Lucas Schneider submitted a FOIA request to the FBI for records concerning his medical condition. After hearing nothing further from the agency, Schneider filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs

In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Schneider v. Winkelman (filed Dec 16, 2022)