Case Detail

FOIA Project Annotation: A federal magistrate judge in California has recommended that Jasdev Singh's Privacy Act suit be dismissed because he failed to exhaust administrative remedies for appealing Homeland Security's lack of response to his amendment request and because he had failed to provide sufficient evidence for his other claims dealing with dissemination and maintenance. However, the magistrate judge also found that the Privacy Act's exhaustion requirements did not constitute a jurisdictional bar against hearing Singh's claim and that, further, the Prison Litigation Reform Act also did not pose a bar to Singh's litigation against Homeland Security. Because Singh had previously been granted asylum, he was told by an ICE agent that if he pled guilty to criminal charges he would not face deportation. Singh pled guilty and was placed in a minimum security prison near where he lived. However, ICE issued an immigration detainer, which caused Singh to be re-categorized for Bureau of Prisons purposes as a deportable alien, resulting in his being moved to a facility in Mississippi. Based on an inquiry to the warden of the Mississippi facility, Singh sent two amendment requests asking that the immigration detainer be removed from his records to an address in Jena, Louisiana. After hearing nothing, he sent another letter to an address in Bakersfield, California. Singh ultimately filed suit for violation of the Privacy Act. DHS initially claimed that because Singh had not appealed his amendment denial the court did not have jurisdiction to hear the claim. The court disagreed, noting that "the Privacy Act conditions suit under Section 552a(g)(1)(A) on an agency making a determination under subjection (d)(3) (whether to amend the records), but it does not unequivocally limit the federal court's subject-matter jurisdiction in the absence of such an agency determination or predicate jurisdiction on it. While the Privacy Act expressly vests federal district court with jurisdiction over all civil Privacy Act claims brought under subsection 552a(g)(1), it does not expressly limit or define federal court jurisdiction relative to exhaustion of administrative remedies." The magistrate judge added that "the statute only states that whenever any agency makes a determination under subsection (d)(3) of this section, then an individual may bring a civil action against the agency." But because Singh had sent his amendment requests to the wrong addresses, the magistrate judge noted that "Plaintiff has failed to properly initiate the procedure for administrative consideration of his amendment request." Singh argued that he had no Internet access and was unable to verify that the information given by the warden was correct. However, the magistrate judge pointed out he had a copy of the agency's regulations containing the appropriate address. Singh also argued that he had exhausted his administrative remedies during the litigation. But the magistrate judge observed that "exhausting remedies during the pendency of the lawsuit does not serve the underlying policy objectives of exhaustion. . .[T]o achieve the policy objectives of the Privacy Act's exhaustion requirement, exhaustion must occur before filing suit, not simply at a time prior to judgment." The magistrate judge also dismissed the government's claim that, as a prisoner, Singh was required to first pursue his remedies under the Prisoner Litigation Reform Act. The magistrate judge explained that 'this suit is against DHS, and not BOP, for correction of records pertaining to an immigration detainer that was issued outside Plaintiff's prison; it is not a suit regarding the conditions of Plaintiff's confinement."
Issues: FOIA not mentioned

FOIA Project Annotation: Jasdev Singh sued the Department of Homeland Security for refusing to amend his records under the Privacy Act. The court found the agency had not violated the Privacy Act. The case was decided under the Privacy Act and not FOIA.
Issues: FOIA not mentioned

Date Filed	Doc #	Docket Text
2012-04-02	1	COMPLAINT against United States Department of Homeland Security by Jasdev Singh. (Attachments: # 1 Civil Cover Sheet)(Lundstrom, T) (Entered: 04/03/2012)
2012-04-03		RECEIPT number #CAE100018421 $350.00 fbo Jasdev Singh 64003-097 by Narinderjit Singh on 4/2/2012. (Lundstrom, T) (Entered: 04/03/2012)
2012-04-03	2	CIVIL NEW CASE DOCUMENTS ISSUED. (Attachments: # 1 Informational Order) (Lundstrom, T) (Entered: 04/03/2012)
2012-04-03		SERVICE BY MAIL: 1 Complaint, 2 Civil New Case Documents for AWI served on Jasdev Singh. (Lundstrom, T) (Entered: 04/03/2012)
2012-04-04	3	ORDER signed by Magistrate Judge Gary S. Austin on 4/4/2012 disqualifying Magistrate Judge Gary S. Austin and REASSIGNING CASE to Magistrate Judge Sheila K. Oberto. New Case Number: 1:12-cv-498-AWI-SKO.(Lundstrom, T) (Entered: 04/04/2012)
2012-04-04		SERVICE BY MAIL: 3 Order served on Jasdev Singh. (Lundstrom, T) (Entered: 04/04/2012)
2012-04-13	4	CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Jasdev Singh. (Verduzco, M) (Entered: 04/13/2012)
2012-04-23	5	Ex Parte MOTION to Expedite Issuance of Summons and/or affect Service, and Declaration in Support by Jasdev Singh. (Sant Agata, S) (Entered: 04/24/2012)
2012-04-27	6	ORDER DIRECTING Clerk to Issue Summons and Civil Case Documents signed by Magistrate Judge Sheila K. Oberto on 4/26/2012. (Attachments: # 1 USM Instructions)(Sant Agata, S) (Entered: 04/27/2012)
2012-04-27		SERVICE BY MAIL: 6 Order, 1 Complaint served on Jasdev Singh. (Sant Agata, S) (Entered: 04/27/2012)
2012-05-04	7	NOTICE of Filing Letter to Bureau of Prisons by Jasdev Singh. (Sant Agata, S) (Entered: 05/04/2012)
2012-05-07	8	NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 1 USM-285 Forms, and 8 copies of the complaint, by Jasdev Singh. (Sant Agata, S) (Entered: 05/07/2012)
2012-05-09	9	ORDER DIRECTING SERVICE by the United States Marshal without Prepayment of Costs signed by Magistrate Judge Sheila K. Oberto on 5/8/2012. (Sant Agata, S) (Entered: 05/09/2012)
2012-05-09		SERVICE BY MAIL: 9 Order, served on Jasdev Singh. (Sant Agata, S) (Entered: 05/09/2012)
2012-05-17	10	NOTICE of Filing Second Letter to Bureau of Prisons by Jasdev Singh. (Gonzalez, R) (Entered: 05/17/2012)
2012-07-20	11	SUMMONS RETURNED EXECUTED by Jasdev Singh. United States Department of Homeland Security served on 7/17/2012, answer due 9/17/2012. (Martin-Gill, S) (Entered: 07/20/2012)
2012-08-23	12	SUMMONS RETURNED EXECUTED by Jasdev Singh. U.S. Department of Homeland Security - Director served on 7/18/2012, answer due 9/17/2012. (Hellings, J) (Entered: 08/27/2012)
2012-08-23	13	SUMMONS RETURNED EXECUTED by Jasdev Singh. U.S. Attorney served on 7/18/2012, answer due 9/17/2012. (Hellings, J) (Entered: 08/27/2012)
2012-09-11	14	PROPOSED ORDER re Initial 65-day Extension of Time to Respond to Complaint; Ex Parte Application by U.S. Department of Homeland Security. Attorney Himel, Yoshinori H. T. added. (Attachments: # 1 Declaration - Counsel Declaration Supporting Defendant's Ex Parte Application)(Himel, Yoshinori) (Entered: 09/11/2012)
2012-09-11	15	CERTIFICATE of SERVICE by U.S. Department of Homeland Security re 14 Proposed Order,. (Himel, Yoshinori) (Entered: 09/11/2012)
2012-09-12	16	ORDER GRANTING Defendant's exparte application for initial 65-day extension of time to respond to complaint. Defendant's time to respond to the complaint is extended until 11/21/2012. Order signed by Magistrate Judge Sheila K. Oberto on 9/11/2012. (Timken, A) (Entered: 09/12/2012)
2012-09-12		SERVICE BY MAIL: 16 Order served on Jasdev Singh. (Timken, A) (Entered: 09/12/2012)
2012-11-16	17	EX PARTE APPLICATION by United States Department of Homeland Security for Further 15-Day Extension of Time to Respond to Complaint. Attorney Himel, Yoshinori H. T. added. (Himel, Yoshinori) (Entered: 11/16/2012)
2012-11-20	18	ORDER GRANTING Defendant's 17 Ex Parte Application For Further 15-Day Extension of Time to Respond to Complaint, signed by Magistrate Judge Sheila K. Oberto on 11/19/2012. (Defendant's time to respond to the complaint is further EXTENDED until 12/6/2012.) (Gaumnitz, R) (Entered: 11/20/2012)
2012-11-20		SERVICE BY MAIL: 18 Stipulation and Order served on Jasdev Singh. (Gaumnitz, R) (Entered: 11/20/2012)
2012-12-06	19	MOTION to DISMISS by U.S. Department of Homeland Security. (Attachments: # 1 Declaration of Ryan Law, # 2 Declaration of Steven M. Brodsky, # 3 Declaration of Joshua C. Billings, # 4 Declaration of Ralph Miller)(Himel, Yoshinori) (Entered: 12/06/2012)
2012-12-06	20	MEMORANDUM by U.S. Department of Homeland Security in SUPPORT of 19 MOTION to DISMISS. (Himel, Yoshinori) (Entered: 12/06/2012)
2012-12-07	21	INFORMATIONAL ORDER, signed by Magistrate Judge Sheila K. Oberto on 12/06/2012. (Martin-Gill, S) (Entered: 12/07/2012)
2012-12-07		SERVICE BY MAIL: 21 Order served on Jasdev Singh. (Martin-Gill, S) (Entered: 12/07/2012)
2012-12-11	22	MINUTE ORDER: The court is referring Defendant's Motion to Dismiss(Dkt #19) to Magistrate Judge Oberto for Findings and Recommendation. (Nazaroff, H) (Entered: 12/11/2012)
2012-12-11		SERVICE BY MAIL: 22 Minute Order served on Jasdev Singh. (Nazaroff, H) (Entered: 12/11/2012)
2012-12-12	23	SECOND INFORMATIONAL ORDER, signed by Magistrate Judge Sheila K. Oberto on 12/12/2012. (Gaumnitz, R) (Entered: 12/12/2012)
2012-12-12		SERVICE BY MAIL: 23 Second Informational Order served on Jasdev Singh. (Gaumnitz, R) (Entered: 12/12/2012)
2012-12-26	24	Response to Defendant's 19 MOTION to DISMISS for Failure to Exhaust Administrative Remedies by Jasdev Singh. (Sant Agata, S) (Entered: 12/26/2012)
2012-12-26	25	DECLARATION of Jasdev Singh in Support of Plaintiff's 24 Response to Defendant's Motion to Dismiss. (Sant Agata, S) (Entered: 12/26/2012)
2012-12-26	26	RESPONSE to Defendant's Statement of Undisputed Facts by Jasdev Singh. (Sant Agata, S) (Entered: 12/26/2012)
2012-12-26	27	CERTIFICATE of SERVICE by Jasdev Singh. (Sant Agata, S) (Entered: 12/26/2012)
2012-12-28	28	PROPOSED ORDER re One-Week Extension of Time to Reply re 24 Opposition to Motion by U.S. Department of Homeland Security. (Himel, Yoshinori) (Entered: 12/28/2012)
2012-12-28	29	Defendant's Exparte Application For Initial One-Week Extension of Time to Reply; ORDER, signed by Magistrate Judge Sheila K. Oberto on 12/28/2012. (Upon defendant's ex parte application, good cause having been shown, defendant's time to reply to plaintiff's opposition to dismissal is EXTENDED until 1/9/2013.) (Gaumnitz, R) (Entered: 12/28/2012)
2012-12-28		SERVICE BY MAIL: 29 Order, served on Jasdev Singh. (Gaumnitz, R) (Entered: 12/28/2012)
2013-01-09	30	REPLY by U.S. Department of Homeland Security to RESPONSE to 19 MOTION to DISMISS. (Attachments: # 1 Declaration Reply Declaration of Yoshinori H. T. Himel, # 2 Declaration of Ellen Fields, # 3 Proof of Service)(Himel, Yoshinori) (Entered: 01/09/2013)
2013-01-28	31	MOTION by Jasdev Singh seeking leave to file counter-declaration in response to reply declaration of Yoshinori H.T. Himel re 30 Reply to Response to Motion. (Lundstrom, T) (Entered: 01/28/2013)
2013-01-29	32	NOTICE Defendant's Erratum to Reply Filed January 9, 2013, and Responses to Request to File Surreply by All Defendants re 30 Reply to Response to Motion. (Himel, Yoshinori) (Entered: 01/29/2013)
2013-02-14	33	RESPONSE to 32 Defendant's Erratum and Reply to Defendant's Response to Plaintiff's Motion Seeking Leave to File Sur-Reply by Jasdev Singh. (Flores, E) (Entered: 02/15/2013)
2013-02-25	34	REQUEST for JUDICIAL NOTICE by Jasdev Singh in re 30 Reply to Response to Motion. (Lundstrom, T) (Entered: 02/25/2013)
2013-04-19	35	FINDINGS and RECOMMENDATIONS recommending that 19 and 31 Defendant's Motion to Dismiss be Granted in Part, Denied in Part; FINDINGS and RECOMMENDATIONS REGARDING screening of Plaintiff's complaint. Matter referred to Judge Ishii; Objections to F&R due within twenty-eight (28) days of service of this recommendation; signed by Magistrate Judge Sheila K. Oberto on 4/18/2013. (Timken, A) (Entered: 04/19/2013)
2013-04-19		SERVICE BY MAIL: 35 Findings and Recommendations (Motion), served on Jasdev Singh. (Timken, A) (Entered: 04/19/2013)
2013-05-17	36	OBJECTIONS to FINDINGS and RECOMMENDATIONS 35 by Defendants U.S. Department of Homeland Security, United States Department of Homeland Security. (Himel, Yoshinori) (Entered: 05/17/2013)
2013-06-07	37	ORDER ADOPTING FINDINGS and RECOMMENDATIONS That Defendant's Motion to Dismiss Be GRANTED IN PART and DENIED IN PART 19 , 31 , 35 ; ORDER REGARDING Screening of Plaintiff's Complaint 1 , signed by District Judge Anthony W. Ishii on 6/6/13: Plaintiff shall file an amended complaint, in compliance with this Order within 30 days . (Hellings, J) (Entered: 06/07/2013)
2013-06-07		SERVICE BY MAIL: 37 Order on Motion, Findings and Recommendations, Order on Motion to Dismiss served on Jasdev Singh. (Hellings, J) (Entered: 06/07/2013)
2013-07-15	38	FIRST AMENDED COMPLAINT by Jasdev Singh.(Verduzco, M) (Entered: 07/16/2013)
2013-08-01	39	MOTION to DISMISS by U.S. Department of Homeland Security, United States Department of Homeland Security. (Himel, Yoshinori) (Entered: 08/01/2013)
2013-08-19	40	MOTION for EXTENSION OF TIME to September 23, 2013 to File Opposition to Defendants' Motion for Dismissal and Summary Judgment on First Amended Complaint by Jasdev Singh. (Martin-Gill, S) (Entered: 08/19/2013)
2013-08-20	41	ORDER GRANTING 40 Plaintiff's motion for an extension of time to file an opposition to Defendant's motion to dismiss. Plaintiff shall file an opposition brief on or before September 23, 2013. Order signed by Magistrate Judge Sheila K. Oberto on 8/20/2013. (Timken, A) (Entered: 08/20/2013)
2013-08-20		SERVICE BY MAIL: 41 Order served on Jasdev Singh. (Timken, A) (Entered: 08/20/2013)
2013-09-12	42	NOTICE of Unavailability of Counsel by United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Himel, Yoshinori) (Entered: 09/12/2013)
2013-09-16	43	OPPOSITION to Defendant's MOTION for DISMISSAL and SUMMARY JUDGMENT 39 , by Jasdev Singh. (Hellings, J) (Entered: 09/17/2013)
2013-10-01	44	REPLY by U.S. Department of Homeland Security, United States Department of Homeland Security to RESPONSE to 39 MOTION to DISMISS. (Himel, Yoshinori) (Entered: 10/01/2013)
2013-10-11	45	MOTION for EXTENSION OF TIME to File Sur-Reply to Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Dismissal and Summary Judgment by Jasdev Singh. (Flores, E) (Entered: 10/15/2013)
2014-01-08	46	FINDINGS and RECOMMENDATIONS recommending that Defendant's Motion to Dismiss 39 be Granted; Plaintiff's request to file a sur-reply be DENIED and the document filed in sur-reply be STRICKEN 44 ; Plaintiff's Privacy Act claims pursuant to Section 552a(g)(1)(C) and (D) be dismissed with prejudice; Plaintiff's claim pursuant to Section 552a(g)(1)(A) be dismissed without prejudice to filing such a claim in a new action to the extent that it does not come within the purview of 8 U.S.C. § 1252(g); Judgment be entered in favor of the Defendant, and the case be administratively closed. Matter referred to Judge Ishii. Objections to F&R due within twenty-eight (28) days; signed by Magistrate Judge Sheila K. Oberto on 1/8/2014. (Timken, A) (Entered: 01/08/2014)
2014-01-08		SERVICE BY MAIL: 46 Findings and Recommendations served on Jasdev Singh. (Timken, A) (Entered: 01/08/2014)
2014-02-14	47	OBJECTIONS to FINDINGS and RECOMMENDATIONS 46 by Plaintiff Jasdev Singh. (Verduzco, M) (Entered: 02/14/2014)
2014-02-26	48	OBJECTIONS by Defendants U.S. Department of Homeland Security, United States Department of Homeland Security to 47 Objections to Findings and Recommendations. (Himel, Yoshinori) (Entered: 02/26/2014)
2014-03-03	49	RESPONSE by U.S. Department of Homeland Security, United States Department of Homeland Security to 47 Objections to Findings and Recommendations. (Himel, Yoshinori) (Entered: 03/03/2014)
2014-03-10	50	REPLY by Jasdev Singh re 48 Objections. (Lundstrom, T) (Entered: 03/10/2014)
2014-03-13	51	ORDER GRANTING 39 Motion to Dismiss ;ORDER DENYING 45 Motion for Extension ;ORDER ADOPTING 46 FINDINGS AND RECOMMENDATIONS; ORDERED JUDGMENT In Favor of Defendant, signed by District Judge Anthony W. Ishii on 03/12/14. CASE CLOSED(Martin-Gill, S) (Entered: 03/13/2014)
2014-03-13	52	JUDGMENT dated *3/13/14* pursuant to order (Martin-Gill, S) (Entered: 03/13/2014)
2014-03-13		SERVICE BY MAIL: 51 Order Adopting Findings and Recommendations, and 52 Judgment served on Jasdev Singh. (Martin-Gill, S) (Entered: 03/13/2014)
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