FOIA Activity: 95 new FOIA court documents, plus case descriptions

We have added 88 documents from 13 FOIA cases filed between June 6, 2021 and June 12, 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. Tahirih Justice Center v. United States Citizenship and Immigration Services et al (filed Jun 9, 2021)
   The Tahirih Justice Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s decision to give priority to the most recently filed affirmative asylum applications when scheduling asylum interviews. The agency acknowledged receipt of the request but after hearing nothing from the agency, the Tahirih Justice Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Yuming Chen v. Department of Homeland Security (filed Jun 7, 2021)
   Yuming Chen submitted a FOIA request to U.S. Customs and Border Protection for records concerning his personal Entry/Exit records from the United States. The agency acknowledged receipt of the request. The agency told Chen it found no responsive records. Chen then submitted a second FOIA request. The agency acknowledged receipt of the second request. After hearing nothing further from the agency, Chen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
3. INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION v. U.S. CITIZENSHIP & IMMIGRATION SERVICES (filed Jun 7, 2021)
   The Institute for Constitutional Advocacy and Protection submitted a FOIA request for records concerning the effect of the Public Charge Rule on asylum applications. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. LEOPOLD et al v. DEPARTMENT OF DEFENSE et al (filed Jun 7, 2021)
   BuzzFeed reporter Jason Leopold submitted three FOIA requests to the Defense Intelligence Agency for records concerning investigations and closing documents. Two of the FOIA requests had originally been submitted years ago but were referenced in a DIA response to Leopold about eight outstanding requests. The agency acknowledged receipt of the requests 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
5. Michael Weiser v. Department of Justice (filed Jun 8, 2021)
   Michael Weiser submitted a FOIA request to the FBI for records concerning two categories of records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Weiser filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. LEOPOLD et al v. INTERNATIONAL TRADE ADMINISTRATION et al (filed Jun 8, 2021)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the International Trade Commission for records concerning the February 2019 report on the Section 232 Auto Investigation. 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
7. BISTRAIN v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 8, 2021)
   Peter Bistrian submitted a FOIA request to the FBI for records concerning Bistrian’s previous FOIA request for records concerning the FBI and the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bistrian filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Tahirih Justice Center v. United States Citizenship and Immigration Services et al (filed Jun 9, 2021)
   The Tahirih Justice Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s decision to give priority to the most recently filed affirmative asylum applications when scheduling asylum interviews. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Tahirih Justice Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
9. National Public Radio, Inc. v. U.S. Central Command et al (filed Jun 9, 2021)
   National Public Radio submitted a FOIA request to U.S. Central Command for records concerning a 2004 friendly fire incident in Iraq that resulted in the deaths of two U.S. Marines. The agency acknowledged receipt of the request but after hearing nothing further from the agency, National Public Radio filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD (filed Jun 9, 2021)
    The Project for Privacy and Surveillance Accountability submitted a FOIA request to the Civil Liberties Oversight Board for records concerning a request made by Patrick Eddington of the Cato Institute to the Oversight Board and other members of the Intelligence Community. After hearing nothing further from the agency, PPSA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. SEREBRAUNY v. FOOD AND DRUG ADMINISTRATION (filed Jun 9, 2021)
    Victor Serebruany submitted a FOIA request to the FDA for records concerning platelet data for tricagrelor (Brilinta) NDA-22-433 submission for the drug ONSET/OFFSET studies included in NDA 22-433. As an academic researcher, Serebruany also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Serebruany filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. GUN OWNERS OF AMERICA, INC v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 11, 2021)
    The Gun Owners of America and the Gun Owners Foundation submitted a FOIA request to the FBI for records concerning communications between the agency and officials of the State Virginia pertaining to a voluntary background check recently established in Virginia. The FBI acknowledged receipt of the request and divided it into four separate requests. In response to the requests, the FBI told Gun Owners that its request was too vague to search. Gun Owners filed administrative appeals of those decisions. After hearing nothing further from the agency, Gun Owners filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. State of Washington v. U.S. General Services Administration (filed Jun 11, 2021)
    The State of Washington submitted FOIA requests to the General Services Administration for records concerning the condition of the National Archives Building in Seattle. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the State of Washington filed suit.
    Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees

In addition, we have added 7 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. WIEST v. ROTH et al (filed Jun 4, 2021)
2. United States of America v. James Rober Liang et al (filed Jun 2, 2021)
3. United States of America v. Richard Bauder et al (filed Jun 2, 2021)
4. SALAMI v. UNITED STATES DEPARTMENT OF STATE (filed Jun 1, 2021)