CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES and 9 other new FOIA lawsuits

We have added 57 documents from 8 FOIA cases filed between July 15, 2018 and July 21, 2018. 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. CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Jul 16, 2018)
   The Center for Immigration Services submitted a FOIA request to U.S. Citizenship and Immigration Services for an Excel spreadsheet providing data contained on Deferred Action for Childhood Arrivals applications. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Immigration Studies filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Jul 16, 2018)
   The National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning letters of credit issued under the Higher Education Act. The agency acknowledged receipt of the request and told NSLDN that its request was too broad. However, the agency said it could provide a list of letters of credit issued in 2016. In response to a previous request for letters of credit issued so far in 2018, the agency had provided some records, but then closed the request. NSLDN had filed an administrative appeal of that decision, but after hearing nothing further from agency on either request, NSLDN filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. INSTITUTE FOR ENERGY RESEARCH v. UNITED STATES TREASURY DEPARTMENT (filed Jul 17, 2018)
   The Institute for Energy Research submitted a FOIA request to the Department of the Treasury for communications sent to or from Peter Wisner, the Director of the Office of Environment & Energy related to climate change. The Institute for Energy Research also requested a fee waiver or inclusion in the news media fee category. The agency acknowledged receipt of the request, but told the Institute for Energy Research that it would not rule on its fee waiver request until it determined whether the cost of the records would exceed $25. The Institute for Energy Research then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. CENTER FOR REPRODUCTIVE RIGHTS et al v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed Jul 19, 2018)
   The Center for Reproductive Rights and the National Women’s Law Center submitted FOIA requests to the Department of Health and Human Services for records concerning complaints filed with the agency’s Office of Civil Rights. The agency acknowledged receipt of the requests and told the CRR and NWLC that it was processing the requests. However, after hearing nothing further from the agency, CRR and NWLC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. CENTER FOR BIOLOGICAL DIVERSITY, INC. v. DEPARTMENT OF AGRICULTURE et al (filed Jul 20, 2018)
   The Center for Biological Diversity submitted FOIA requests to the Department of Agriculture, U.S. Fish and Wildlife Services and the EPA for records concerning the Agriculture Department’s Endangered Species Act consultation with EPA on the effects of registering chlorpyrifos, malathion, and diazinon. All three agencies acknowledged receipt of the request. FWS provided an initial disclosure of 34 records, but after hearing nothing further from any of the agencies, the Center for Biological Diversity filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. America CV Network, LLC v. U.S. Department of the Treasure, Office of Foreign Assets Control (filed Jul 16, 2018)
   The America CV Network submitted a FOIA request to the Department of the Treasury’s Office of Foreign Assets Control for records concerning restrictions put on bank accounts related to Juan Arrondo or Peer Music. The agency acknowledged receipt of the request and asked for a third-party authorization to release records concerning Arrondo. The America CV Network provided a copy of Arrondo’s death certificate. After hearing nothing further from the agency, the America CV Network filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF INTERIOR (filed Jul 16, 2018)
   Democracy Forward Foundation submitted a FOIA request to the Department of the Interior for records concerning the appointment of members to the National Park System Advisory Board. DFF also requested a fee waiver. The agency acknowledged receipt of the request and told DFF that it would invoke a 10-day extension. After hearing nothing further from the agency, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
8. Ana Muniz v. The United States Department of Homeland Security (filed Jul 18, 2018)
   Ana Muniz, a professor of criminology at the University of California-Irvine, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning individuals who had been removed, deemed removable, or had their status adjusted because of gang affiliation. The agency acknowledged receipt of her request, but after hearing nothing further from the agency, Muniz filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• KOVALEVICH v. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Jul 13, 2018)
• WATSON v. U.S. DEPARTMENT OF JUSTICE et al (filed Jul 9, 2018)
  Bobby Watson submitted a FOIA request to the U.S. Attorney’s Office for the Eastern District of Tennessee and the FBI for records of a specific investigation conducted by the FBI. The agency acknowledged receipt of the request. The FBI told Watson that it had already disclosed responsive records as a result of two earlier FOIA requests filed by Watson. Watson filed an administrative appeal with the Office of Information Policy, which upheld the FBI’s initial decision. After hearing nothing from the U.S. Attorney’s Office, Watson filed suit.
  Issues: Failure to respond within statutory time limit