CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT and 15 other new FOIA lawsuits

We have added 94 documents from 15 FOIA cases filed between May 23, 2021 and May 29, 2021. 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. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed May 26, 2021)
   The Center for Immigration Studies submitted a FOIA request for records concerning each alien removed by ICE from FY 19 to FY 21. After hearing nothing further from the agency, the Center for Immigration Studies filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. PUBLIC CITIZEN v. U.S. DEPARTMENT OF AGRICULTURE (filed May 24, 2021)
   Public Citizen submitted a FOIA request to the Department of Agriculture for records concerning the pandemic and its impact on the health and safety of workers at meat and poultry processing facilities. The agency acknowledged receipt of the request and responded in three interim responses, withholding records under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). After the agency failed to respond further, Public Citizen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
3. ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed May 24, 2021)
   Energy Policy Advocates submitted FOIA requests to the Department of Interior for records concerning communications sent from Senior Counselor Elizabeth Klein to Special assistant to the President for Climate Policy David Hayes. The agency acknowledged receipt of the requests and took a 10-day extension in which to respond. After hearing nothing further from the agency, Energy Policy Advocates filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
4. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. SMALL BUSINESS ADMINISTRATION (filed May 25, 2021)
   The Project on Government Oversight submitted a FOIA request to U.S. Small Business Administration for records concerning the dataset containing the Paycheck Protection Program loans flagged by the SBA Office of Capital Access as potentially not in conformance with the CARES Act. POGO also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, POGO filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
5. FOERSTER v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 24, 2021)
   Bradley Foerster submitted a FOIA request to the Office of Inspector General at the Department of Health and Human Services for records concerning the investigation based on a complaint from Dr. Myra Petrou of the University of Michigan pertaining to an NIH grant. The agency acknowledged receipt of the request but issued a Glomar response neither confirming nor denying the existence of records. Foerster filed an administrative appeal but after hearing nothing further from the agency, Foerster filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
6. Smith v. United States Department of Justice (filed May 27, 2021)
   Danielle Smith submitted a FOIA request to the FBI for records concerning 14 categories of information. After hearing nothing further from the agency, Smith filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. American Federation Of Government Employees Local 527 v. U.S. Immigration and Customs Enforcement (filed May 27, 2021)
   The American Federation of Government Employees Local 527 submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the current Office of Professional Responsibility Special Agent Guidebook/Handbook. The agency acknowledged receipt of the request. The agency withheld the handbook entirely under Exemption 7(E) (investigative methods or techniques). AFGE filed an administrative appeal and the agency remanded the case for processing. After hearing nothing further from the agency, AFGE filed a complaint with the Office of Government Information Services. After hearing nothing further, AFGE filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. Gomez-Camarena v. GARLAND et al (filed May 28, 2021)
   Juan Antonio Gomez-Camarena submitted a FOIA request to the Executive Office for Immigration Review for records concerning his proceedings before the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gomez-Camarena filed suit.
   Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
9. Bal v. U.S. Department of the Treasury (filed May 25, 2021)
   John Bal submitted a FOIA request to the Department of Treasury. After hearing nothing further from the agency, Bal filed suit.
   Issues: Failure to respond within statutory time limit
10. Hong v. U.S. Department Of Justice et al (filed May 27, 2021)
    Victor Hong submitted FOIA requests to the Department of Justice and the Securities Exchange Commission for records concerning DOJ’s involvement with the SEC’s settlement with Royal Bank of Scotland and other banks. The agencies denied the records entirely under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 7 (law enforcement records). After hearing nothing further from the agencies, Hong filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Coleman v. U.S. Department of Health and Human Services (filed May 28, 2021)
    John Coleman, a drug consultant and freelance writer, submitted a FOIA request to the Centers for Disease Control for records concerning a CDC article published in the April 2018 edition of American Journal of Public Health. The agency acknowledged of the request. Coleman filed two administrative appeals. The agency denied Coleman’s appeal. Coleman then filed suit.
    Issues: Litigation – Attorney’s fees
12. ENERGY POLICY ADVOCATES v. U.S. DEPARTMENT OF THE INTERIOR (filed May 27, 2021)
    Energy Policy Advocates submitted three FOIA requests to the Department of Interior for records concerning the calendars and meeting logs for Office of Congressional and Legislative Affairs Director Andrew Wallace, and his deputies, Paniz Rezaeerod and Morgan Gray. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Energy Policy Advocates filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
13. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF EDUCATION (filed May 27, 2021)
    American Oversight submitted two FOIA request to the Department of Education for records. One request was for communications with the White House while the other request was for specified key terms. After hearing nothing further from the agency, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. ENERGY POLICY ADVOCATES v. OFFICE OF MANAGEMENT AND BUDGET (filed May 28, 2021)
    Energy Policy Advocates submitted two FOIA requests to OMB for records concerning correspondence between White House Climate Advisor Gina McCarthy with certain environmental groups, as well as correspondence between David Hayes and Elizabeth Klein. The other request was for correspondence of Climate Change Advisor John Kerry pertaining to the Paris agreement on climate change. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Energy Policy Advocates filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
15. Gomez-Camarena v. GARLAND et al (filed May 28, 2021)
    Juan Antonio Gomez-Camarena submitted a FOIA request to the Executive Office for Immigration Review for records concerning his proceedings before the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gomez-Camarena filed suit.
    Issues: Failure to respond within statutory time limit, Fees, 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 May 18, 2021)