Case Detail

FOIA Project Annotation: A federal court in Pennsylvania has ruled that Daniel Manatt and Garen Meguerian have failed to show that the Department of Homeland Security has a pattern or practice of failing to respond to FOIA requests within the statutory time limit. In October 2018, Manatt and Meguerian submitted a FOIA request to U.S. Citizenship and Immigrations Services for records concerning the Zero Tolerance policy announced by the Department of Justice. The agency failed to respond and Manatt and Meguerian submitted a second FOIA request that did not duplicate their first request in September 2019. The agency rejected that request, claiming it was duplicative of their first request. After Manatt and Meguerian filed suit, USCIS told them that it had reviewed 9,182 pages of responsive records but did not release them or provide a Vaughn index. Manatt and Meguerian amended their complaint, alleging that the agency failed to disclose responsive records, failed to conduct an adequate search, and asked for injunctive relief for failure to implement a FOIA-compliant policy or practice. USCIS then provided a Vaughn index. It identified 9,80 responsive pages, disclosing 6,909 pages in full, withholding 164 pages in full and 694 pages in part, and referring 1,413 pages to DHS for evaluation. In defense of its failure to respond within the statutory time limit, USCIS explained that it had 20 percent of al requests received by federal agencies, totaling 190,000 requests in 2019, and that it processes FOIA requests on a first-in, first-out basis. Judge Joshua Wolson found that explanation wanting. He pointed out that "USCIS's conduct violates FOIA. Congress made a choice to include in the statute an express 20-day requirement, with limited exceptions. No doubt, the proliferation of electronic records, growth of the federal government, and a more politicized environment make compliance with that requirement herculean. But the challenge of complying with FOIA is not an excuse for non-compliance. The law applies to federal agencies liked USCIS just like it does to everyone else." USCIS emphasized the volume of records it had reviewed in attempting to justify the adequacy of its search. Wolson, however, was not impressed. He noted that "but that information does not answer the question of whether the search was reasonable. The Court has no way to assess whether the documents that USCIS located are all, most, some, or only a small portion of the universe of responsive documents." To bolster its claim that USCIS had a policy or practice of failing to respond to FOIA requests in a timely fashion, Manatt and Meguerian pointed to a list of 74 other lawsuits claiming USCIS had failed to meet the statutory time limit. Wolson found this insufficient, noting that "ultimately, Plaintiffs' list of cases is just that â€" a list of cases. It provides the Court with no information about what USCIS did in each of those cases." However, he pointed out that "the Court suspects that USCIS does, in fact, have a pattern or practice of violating FOIA. . .The Court does not have the evidence before it to make that conclusion in this case." Manatt and Meguerian argued that some records were not protected by Exemption 5 (deliberative process privilege) because they were created after the announcement of the Zero Tolerance policy. But Wolson observed that "while adoption of a policy is a distinct event, agencies make granular decisions every day. Here, USCIS made routine decisions about how to respond to inquiries from Congress, the press, and the public. Decisions about how to respond to those day-to-day matters are agency decisions subject to the deliberative process privilege, even if they post-date the adoption of policy." Wolson also chastised DHS for failing to respond to an earlier court order to produce the records. He indicated that "DHS was not free to ignore this Court's Order. If DHS could not comply with the Court's Order, then its remedy was to show good cause and ask for more time. . DHS never filed such a motion. It just granted itself an extension."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2019-03-19	1	COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 194279.), filed by DANIEL MANATT, GAREN MEGUERIAN.(fdc) (Entered: 03/20/2019)
2019-03-19		Summons Issued as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General. Forwarded To: Garen Meguerian, U.S. Attorney's Office on 3/20/19. (fdc) (Entered: 03/20/2019)
2019-03-20	2	Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (jaa, ) (Entered: 03/20/2019)
2019-04-09	3	AFFIDAVIT of Service by Karen West re: served Complaint, Summons upon William Barr; Lee Francis Cissna; Kirstjen Nielsen by Certified Mail, USPS on April 1, 2019; March 29, 2019 (MEGUERIAN, GAREN) Modified on 4/10/2019 (tjd). (Entered: 04/09/2019)
2019-04-19	4	NOTICE of Appearance by JUDITH A. AMOROSA on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (AMOROSA, JUDITH) (Entered: 04/19/2019)
2019-04-24	5	STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT IS EXTENDED FOR THIRTY DATS TO AND INCLUDING MAY 17, 2019. SIGNED BY HONORABLE WENDY BEETLESTONE ON 4/24/19. 4/24/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, ) (Entered: 04/24/2019)
2019-04-25	6	NOTICE OF CONFERENCE: PRETRIAL CONFERENCE SET FOR 5/23/2019 05:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE WENDY BEETLESTONE. (Attachments: # 1 Electronic Discovery Order, # 2 Joint Report and Discovery Plan)(amw, ) (Entered: 04/25/2019)
2019-05-16	7	Joint MOTION for Extension of Time to File filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.Certificate of Service.(AMOROSA, JUDITH) (Entered: 05/16/2019)
2019-05-17	8	ORDERED THAT WITHIN 30 DAYS OF THIS ORDER, PLAINTIFFS SHALL WITHDRAW THEIR COMPLAINT OR FILE AN AMENDED COMPLAINT ETC. AND THE RULE 16 CONFERENCE SCHEDULED FOR THURSDAY, MAY 23, 2019 IS CANCELLED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 5/17/19.5/17/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, ) (Entered: 05/17/2019)
2019-05-20	9	ORDERED THAT WITHIN 30 DAYS OF THIS ORDER, PLAINTIFFS SHALL WITHDRAW THEIR COMPLAINT OR FILE AN AMENDED COMPLAINT; THE DEFENDANTS SHALL HAVE 30 DAYS TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT, IF ONE IS FILED; AND THE RULE 16 CONFERENCE SCHEDULED FOR THURSDAY, MAY 23, 2019 IS CANCELLED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 5/20/19. 5/21/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, ) (Entered: 05/21/2019)
2019-06-17	10	AMENDED COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, filed by DANIEL MANATT, GAREN MEGUERIAN., EXHIBITS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(rf, ) (Entered: 06/17/2019)
2019-06-26	11	ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE WENDY BEETLESTONE TO HONORABLE JOSHUA D. WOLSON FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 6/25/19. 6/26/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, ) (Entered: 06/26/2019)
2019-07-03	12	ORDER THAT PRETRIAL CONFERENCE SET FOR 7/24/2019 11:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE JOSHUA D. WOLSON AS OUTLINED HEREIN. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 7/3/19. 7/3/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, ) (Entered: 07/03/2019)
2019-07-08	13	Joint MOTION for Extension of Time to File Response/Reply by Defendants to Amended Complaint & other relief filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.Certificate of Service.(AMOROSA, JUDITH) (Entered: 07/08/2019)
2019-07-09	14	ORDERED THAT THE PARTIES' JOINT MOTION TO ALLOW 60 DAYS FOR DEFENDANTS TO RESPOND TO THE AMENDED COMPLAINT IS DENIED. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 7/9/19.7/9/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, ) (Entered: 07/09/2019)
2019-07-17	15	ANSWER to 10 Amended Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Affirmative Defenses, Certificate of Service.(AMOROSA, JUDITH) Modified on 7/19/2019 (tjd). (Entered: 07/17/2019)
2019-07-24	16	Minute Entry for proceedings held before HONORABLE JOSHUA D. WOLSON Pretrial Conference held on 7/24/19 (jaa, ) (Entered: 07/24/2019)
2019-07-25	17	SCHEDULING ORDER. ORDER THAT DEFENDANTS SHALL COMPLETE THEIR RE-REVIEW OF DOCUMENTS PREVIOUSLY IDENTIFIED AS EXEMPT FROM DISCLOSURE PURSUANT TO 5 USC:552(b)(5), NO LATER THAN 8/30/19. DEFENDANTS SHALL COMPLETE THEIR RE-REVIEW OF ALL OTHER DOCUMENTS WITHHELD ON THE BASIS OF ALTERNATE EXEMPTIONS NO LATER THAN 9/30/19. DEFENDANTS SHALL FURNISH A VAUGHN INDEX TO PLAINTIFFS NO LATER THAN 11/1/19. MOTIONS FOR SUMMARY JUDGMENT, IF ANY, SHALL BE FILED BY 11/22/19. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 7/25/19. 7/25/19 ENTERED & E-MAILED.(fdc) (Entered: 07/25/2019)
2019-11-19	18	Joint MOTION for Extension of Time to File for summary judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.Certificate of Service.(AMOROSA, JUDITH) (Entered: 11/19/2019)
2019-11-20	19	ORDERED THAT THE MOTION FOR EXTENSION OF SUMMARY JUDGMENT DEADLINES IS GRANTED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 11/20/19.11/20/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, ) (Entered: 11/20/2019)
2019-12-20	20	MOTION for Extension of Time to File filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.Declaration, Certificate of Service. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Order, # 3 Certificate of Service Cert of Service)(AMOROSA, JUDITH) (Entered: 12/20/2019)
2019-12-23	21	ORDER THAT UPON CONSIDERATION OF DEFENDANTS MOTION FOR RELIEF FROM COURT ORDERED DEADLINE AND TO EXTEND THE SUMMARY JUDGMENT DEADLINE (ECF NO. 20 ), AND IN LIGHT OF THE FACT THAT DEFENDANTS HAVE BEEN AWARE OF THE DEADLINE FOR A FULL MONTH AND YET WAITED UNTIL 4:48 P.M. ON THE DAY OF THE DEADLINE TO SEEK AN EXTENSION OF THE SAME, THE COURT ORDERS THAT THE MOTION IS DENIED.. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 12/23/2019.12/23/2019 ENTERED AND COPIES E-MAILED.(nd, ) (Entered: 12/23/2019)
2020-01-09	22	MOTION for Summary Judgment filed by DANIEL MANATT, GAREN MEGUERIAN. Memorandum of Law. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment, # 2 Declaration Plaintiffs' Statement of Material Undisputed Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U)(MEGUERIAN, GAREN) Modified on 1/13/2020 (tjd). (Entered: 01/09/2020)
2020-01-09	23	MOTION for Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Statement of Undisputed Facts, # 3 Exhibit A to Statement of Undisputed Facts, # 4 Exhibit B to Statement of Undisputed Facts, # 5 Exhibit C to Statement of Undisputed Facts, # 6 Exhibit D to Statement of Undisputed Facts, # 7 Text of Proposed Order)(AMOROSA, JUDITH) (Entered: 01/09/2020)
2020-01-10	24	Memorandum of Law to Motion re 23 MOTION for Summary Judgment filed by DANIEL MANATT, GAREN MEGUERIAN. (Attachments: # 1 Plaintiffs' Response to the Defendants' Statement of Undisputed Facts, # 2 Text of Proposed Order)(MEGUERIAN, GAREN) Modified on 1/14/2020 (tjd). (Entered: 01/10/2020)
2020-01-23	25	Memorandum in RESPONSE to Motion re 22 MOTION for Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Supplement Response to Rule 56 statement, # 2 Certificate of Service Certificate of Service, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit 1 to Exhibit A, # 5 Exhibit Exhibit 2 to Exhibit A, # 6 Exhibit Exhibit 3 to Exhibit A, # 7 Exhibit Exhibit 4 to Exhibit A, # 8 Exhibit Exhibit B, # 9 Exhibit Exhibit C)(AMOROSA, JUDITH) Modified on 1/27/2020 (tjd). (Entered: 01/23/2020)
2020-07-20	26	MEMORANDUM AND/OR OPINION RE: MOTIONS FOR SUMMARY JUDGMENT. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 07/20/2020. 07/202020 ENTERED AND E-MAILED.(ja, ) (Entered: 07/20/2020)
2020-07-20	27	ORDER DENYING 22 PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AS TO COUNT IV AND DENYING IN PART 23 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM. IT IS FURTHER ORDERED THAT A HEARING WILL BE HELD ON AUGUST 13, 2020 AT 10:00 AM, VIA VIDEO CONFERENCE, CONCERNING DHS'S COMPLIANCE WITH THE COURT'S ORDER DATED NOVEMBER 20, 2019. FURTHER INFORMATION AND DEADLINES AS OUTLINED HEREIN. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 07/20/2020. 07/20/2020 ENTERED AND E-MAILED.(ja, ) (Entered: 07/20/2020)
2020-07-20		Set/Reset Hearings: HEARING SET FOR 8/13/2020 10:00 AM BEFORE HONORABLE JOSHUA D. WOLSON. (ja, ) (Entered: 07/20/2020)
2020-07-31	28	STATUS REPORT (Update) by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(AMOROSA, JUDITH) (Entered: 07/31/2020)
2020-08-12	29	MOTION for Reconsideration re 27 Order (Memorandum and/or Opinion),, filed by DANIEL MANATT, GAREN MEGUERIAN.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit Ex 1, # 3 Exhibit Ex 2)(MEGUERIAN, GAREN) (Entered: 08/12/2020)
2020-08-12	30	MEMORANDUM AND/OR OPINION RE: REVIEW OF DOCUMENTS THE U.S. CUSTOMS AND IMMIGRATION SERVICE SUBMITTED FOR IN CAMERA REVIEW. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 08/12/2020. 08/12/2020 ENTERED AND E-MAILED.(ja, ) (Entered: 08/12/2020)
2020-08-12	31	ORDER THAT, FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM, ON OR BEFORE 08/26/2020, THE USCIS SHALL PROVIDE TO PLAINTIFFS UNREDACTED COPIES OF DOCUMENT NOS. 36, 50, 93, AND 137 AND USCIS SHALL PROVIDE PLAINTIFFS A REVISED, REDACTED VERSION OF DOCUMENT NOS. 15 AND 30, CONSISTENT WITH THE COURT'S MEMORANDUM. THE COURT CONCLUDES THAT USCIS PROPERLY WITHHELD DOCUMENT NOS. 14, 105, AND 146. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 08/12/2020. 08/12/2020 ENTERED AND E-MAILED.(ja, ) (Entered: 08/12/2020)
2020-08-13	32	Minute Entry for proceedings held before HONORABLE JOSHUA D. WOLSON Hearing held on 8/13/20. (jaa, ) Court Reporter. (Entered: 08/13/2020)
2020-08-19	33	RESPONSE in Opposition re 29 MOTION for Reconsideration re 27 Order (Memorandum and/or Opinion),, filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (AMOROSA, JUDITH) (Entered: 08/19/2020)
2020-08-28	34	TRANSCRIPT of HEARING held on 8/13/20, before Judge JOSHUA D. WOLSON. Court Reporter: ANN MARIE MITCHELL. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/18/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/27/2020. (jaa, ) (Entered: 08/28/2020)
2020-08-28	35	Notice of Filing of Official Transcript with Certificate of Service re 34 Transcript - PDF, 8/28/20 Entered and Copies Emailed. (jaa, ) (Entered: 08/28/2020)
2020-09-01	36	ORDER THAT ON OR BEFORE 10/30/2020, COUNSEL FOR USCIS SHALL NOTIFY PLAINTIFF'S COUNSEL WHETHER IT'S FEASIBLE FOR USCIS TO CONDUCT AN ADDITIONAL SEARCH, AS DISCUSSED BY THE PARTIES, IN ORDER TO AVOID A RENEWED MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF THE REASONABLENESS OF THE UNDERLYING SEARCH FOR DOCUMENTS. NO FURTHER EXTENSIONS WILL BE GRANTED. IT IS FURTHER ORDERED THAT BY 11/06/2020, THE PARTIES SHALL SUBMIT A JOINT LETTER TO THE COURT ON THE STATUS OF AN ADDITIONAL SEARCH OR ADDITIONAL MOTIONS PRACTICE. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 09/01/2020. 09/01/2020 ENTERED AND E-MAILED.(ja,) (Entered: 09/01/2020)
2020-09-30	37	ORDER DENYING 29 PLAINTIFFS' MOTION FOR RECONSIDERATION, BECAUSE, EVEN IF PLAINTIFFS ARE CORRECT THAT THEIR SECOND FOIA REQUEST DIFFERED SUBSTANTIVELY FROM THEIR FIRST REQUEST, THEY STILL HAVE NOT PROVIDED EVIDENCE OF A PATTERN OR PRACTICE BY USCIS. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 09/30/2020.09/30/2020 ENTERED AND E-MAILED.(ja, ) (Entered: 09/30/2020)
2020-11-06	38	ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY HONORABLE JOSHUA D. WOLSON ON 11/06/2020. 11/06/2020 ENTERED AND E-MAILED.(ja, ) (Entered: 11/06/2020)
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