Rocky Mountain Immigrant Advocacy Network v. U.S. Immigration and Customs Enforcement and 11 other new FOIA lawsuits

We have added 79 documents from 11 FOIA cases filed between September 10, 2023 and September 16, 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. Rocky Mountain Immigrant Advocacy Network v. U.S. Immigration and Customs Enforcement (filed Sep 13, 2023)
   Rocky Mountain Immigrant Advocacy Network submitted a FOIA request for records concerning the death of Melvin Ariel Calero Mendoza, an asylum seeker from Nicaragua, while in detention. RMIAN also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, RMIAN filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Expedited processing
2. LAWYERS' COMMITTEE FOR 9/1 INQUIRY, INC. v. GARLAND et al (filed Sep 10, 2023)
   Lawyers Committee for 9/11 Inquiry submitted a FOIA request to the FBI for records concerning major bombing case files that the FBI was intending to transfer to the National Archives. The agency acknowledged receipt of the request and told the Committee that it would cost $3,000 to respond to its request. The Committee then filed an administrative appeal. The FBI denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). The Committee filed a second administrative appeal. The FBI upheld its denial. The Committee then filed suit.
   Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. MOONEY v. U.S. ARMY CORPS OF ENGINEERS (filed Sep 11, 2023)
   Robert Mooney submitted a FOIA request to U.S. Army Corps of Engineers for records concerning the Herbert Hoover dam. The agency acknowledged receipt of the request. After hearing nothing from the agency, Mooney filed an administrative appeal. After hearing nothing further from the agency, Mooney filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Sep 11, 2023)
   Government Accountability & Oversight submitted a FOIA request to EPA for records concerning email correspondence of four named EPA officials over the course of six months with certain key terms. The agency acknowledged receipt of the request. After hearing nothing further from the agency, GAO filed suit, including a pattern and practice claim to the agency routinely failed to respond to FOIA requests on time.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ABBVIE INC. v. INTERNAL REVENUE SERVICE (filed Sep 11, 2023)
   Abbvie, Inc. submitted three FOIA requests to the IRS for records, including one concerning the participation of Helen Hubbard in a legal seminar on taxation. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Abbvie, Inc filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Informed Consent Action Network v. Food and Drug Administration (filed Sep 11, 2023)
   Informed Consent Action Network submitted a FOIA request to the FDA for records concerning complaints filed about the testing of the COVID-19 vaccine. ICAN also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency acknowledged receipt of the request and denied ICAN’s request for expedited processing ICAN then filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Sep 12, 2023)
   Project on Government Oversight submitted three FOIA requests to Customs and Border Protection for records concerning force incidents reported in an agency database. POGO also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. POGO filed administrative appeals, but after hearing nothing further from the agency, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
8. AMERICAN CENTER FOR LAW AND JUSTICE v. U.S. DEPARTMENT OF JUSTICE (filed Sep 12, 2023)
   American Center for Law and Justice submitted a FOIA request to the Department of Justice for records concerning the case of Missouri v. Biden. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ACLJ filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. U.S. CUSTOMS AND BORDER PROTECTION (filed Sep 13, 2023)
   Federation for American Immigration Reform submitted a FOIA request to U.S. Customs and Border Protection for records concerning numbers of families separated by CBP from January to December 2022. FAIR also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FAIR filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. Horton v. National Instant Criminal Background Check System (NICS) (filed Sep 13, 2023)
    John Horton submitted a FOIA request to the National Instant Criminal Background Check System for records about himself. After hearing nothing further from the agency, Horton filed suit.
    Issues: Failure to respond within statutory time limit
11. ARDEN ROW ASSETS, LLC et al v. U.S. INTERNAL REVENUE SERVICE (filed Sep 14, 2023)
    Arden Row Assets, Basewood Aggregates, and Delwood Resources submitted FOIA requests to the IRS for records concerning a Penalty Consideration Lead Sheet approved by identified IRS agents pertaining to the donation of land for conservation credits. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Arden Row and the others filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees

In addition, we have added 7 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• W6 Restaurant Group, Ltd et al v. Small Business Administration (filed Sep 5, 2023)
  W6 Restaurant Group and 14 other restaurants submitted FOOIA requests to the U.S. Small Business Administration for records concerning Restaurant Revitalization Fund awards. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, W^ Restaurant Group filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees