BANA v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES and 12 other new FOIA lawsuits, plus case descriptions

We have added 111 documents from 12 FOIA cases filed between July 2, 2023 and July 8, 2023. 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. BANA v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Jul 2, 2023)
   Sumit Bana submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the RFE issued by the agency to deny the I-140 Petition filed on behalf of Bana. The agency acknowledged receipt of the request and provided responsive documents but not the Request for Evidence that Bana was seeking. Bana filed an administrative appeal for the Request for Evidence. The agency denied his appeal, telling him that the Request for Evidence did not exist. Bana then filed suit.
   Issues: Litigation – Attorney’s fees
2. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF STATE (filed Jul 5, 2023)
   America First Legal Foundation submitted nine FOIA requests to the Department of State for records concerning for specified Funding Opportunity Numbers. The agency acknowledged the receipt of the requests but after hearing nothing further from the agency, AFL filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. LEOPOLD et al v. U.S. DEPARTMENT OF THE TREASURY (filed Jul 5, 2023)
   Journalist Jason Leopold submitted two FOIA requests to the Department of Treasury for records concerning the failure of Silicon Valley Bank and Signature Bank. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. AMERICA FIRST LEGAL FOUNDATION v. DEPARTMENT OF JUSTICE et al (filed Jul 6, 2023)
   America First Legal Foundation submitted FOIA requests to the Department of Justice, the Department of State, and the Department of Homeland Security for records concerning Hunter Biden. The agencies acknowledged receipt of the requests. DOJ asked AFL to clarify the scope of its request. AFL declined to do so. After hearing nothing further from the agencies, AFL filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. AMERICAN IMMIGRATION COUNCIL et al v. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (filed Jul 6, 2023)
   American Immigration Council and the Capital Area Immigrants Rights Coalition submitted FOIA requests to the Executive Office for Immigration Review for records concerning how EOIR’s deals with immigration review appeals. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AIC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Jul 7, 2023)
   Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning the study designs for the study entitled “Post-COVID Conditions Among Adult COVID -19 Survivors.” The agency acknowledged receipt of the request. The agency located a 13-page Excel file that was responsive and withheld portions of it under Exemption 5 (privileges). ICAN filed an administrative appeal of the denial. The Department of Health and Human Services acknowledged receipt of the appeal but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. Jackson v. U.S. Citizenship and Immigration Services et al (filed Jul 6, 2023)
   Richard Jackson, a USCIS employee, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning ten USCIS job announcements, including resumes of applicants, which Jackson wanted to use to determine why he was considered ineligible for the positions. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Jackson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
8. Jackson v. U.S. Citizenship and Immigration Services et al (filed Jul 7, 2023)
   Richard Jackson, a USCIS employee, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning ten USCIS job announcements, including resumes of applicants, which Jackson wanted to use to determine why he was considered ineligible for the positions. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Jackson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 3, 2023)
   Judicial Watch submitted a FOIA request to the Secret Service for records concerning an accident involving White House Press Secretary Karine Jean-Pierre. The agency acknowledged receipt of the request and told Judicial Watch that it found no responsive records. Judicial Watch filed an administrative appeal but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. CALHOUN BHELLA & SECHREST LLP v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 3, 2023)
    The law firm of Calhoun Bella & Sechrest submitted five FOIA requests to the Department of Health and Human Services for records concerning disposition data related to Medicare claim appeals as adjudicated by all Office of Medicare Hearings and Appeals ALJs. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the law firm filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF DEFENSE (filed Jul 3, 2023)
    Functional Government Initiative submitted a FOIA request to the Department of Defense for records concerning sent to, from, or including John Kirby, former Pentagon Press Secretary, with the words Afghanistan of Afghan and a list of keywords for search purposes. 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, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. LEOPOLD et al v. FEDERAL HOUSING FINANCE AGENCY (filed Jul 5, 2023)
    Journalist Jason Leopold submitted a FOIA request to the Federal Housing Finance Agency for records concerning the failure of Silicon Valley Bank and Signature Bank. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Leopold 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.

• CASE NUMBER NOT USED (filed Jun 28, 2023)