Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that the Executive Office for Immigration Review properly responded to freelance journalist John Hawkinson's FOIA request for EOIR decisions containing the text "alternatives to detention" or "alternatives-to-detention," from the Board of Immigration Appeals that originated either in Boston or Hartford. EOIR disclosed two decisions. Because Hawkinson believed there was a third responsive decision, he filed an administrative appeal with the Office of Information Policy. OIP upheld EOIR's response and Hawkinson filed suit. Hawkinson's request was handled by Shelly O'Hara, Attorney Advisor for FOIA with the Office of the General Counsel at EOIR. Her office handled two different types of requests â€" untargeted requests, which seek BIA decisions based on a particular immigration judge or court, and targeted requests, which request BIA decisions based on an alien's name. Targeted requests are not fulfilled without a Privacy Act waiver. O'Hara's search located two BIA decisions that qualified as untargeted requests, but she did not search the targeted decision database since Hawkinson did not provide a third-party authorization. Hawkinson argued that O'Hara should have been able to find the third decision by searching its immigration court database since it was clearly responsive to his request. Rejecting the claim, the court pointed out that "EOIR has a policy of not responding to document requests about particular individuals absent a requestor providing verification of identity for that individual. This same verification is required for targeted searches, which is in essence what Hawkinson was asking EOIR to perform in order to locate the missing document and explain its omission."
Issues: Adequacy - Search, Determination - Glomar response

Date Filed	Doc #	Docket Text
2020-12-23	1	COMPLAINT against All Defendants, filed by John A. Hawkinson. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Cover Letter, # 4 Proposed Summons)(Warnock, Douglas) (Entered: 12/23/2020)
2020-12-23	2	MOTION for Leave to file electronically Pro Se by John A. Hawkinson.(Warnock, Douglas) (Entered: 12/23/2020)
2020-12-23	3	ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 12/23/2020)
2020-12-23	4	Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Warnock, Douglas) (Entered: 12/23/2020)
2020-12-23	5	Filing fee/payment: $ 402.00, receipt number 1BST082875 for 1 Complaint (Barbosa, Nilsa) (Entered: 12/23/2020)
2020-12-23	6	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 2 Motion for leave to electronically file Pro Se. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://forms.mad.uscourts.gov/ecfreg.html (McDonagh, Christina) (Entered: 12/23/2020)
2020-12-29	7	SUMMONS Returned Executed as to US Attorney by John A. Hawkinson. Executive Office for Immigration Review served on 12/23/2020, answer due 1/27/2021. (Hawkinson, John) (Entered: 12/29/2020)
2020-12-29	8	SUMMONS Returned Executed by John A. Hawkinson. (Attachments: # 1 Proof of service upon Attorney General of the United States)(Hawkinson, John) (Entered: 12/29/2020)
2020-12-29	9	SUMMONS Returned Executed Executive Office for Immigration Review served on 1/28/2020, answer due 1/27/2021. (Hawkinson, John) (Entered: 12/29/2020)
2020-12-30	10	SUMMONS Returned Executed Executive Office for Immigration Review served on 12/28/2020, answer due 1/27/2021. (Attachments: # 1 Errata : Correction of date error in docket text of 9 )(Hawkinson, John) (Entered: 12/30/2020)
2021-01-14	11	NOTICE of Appearance by Michael P. Sady on behalf of Executive Office for Immigration Review (Sady, Michael) (Entered: 01/14/2021)
2021-01-27	12	ANSWER to 1 Complaint by Executive Office for Immigration Review.(Sady, Michael) (Entered: 01/27/2021)
2021-02-08	13	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties are to submit a joint proposed schedule by 2/19/21 and indicate whether they object to the court setting a schedule on the written submission.(Folan, Karen) (Entered: 02/08/2021)
2021-02-19	14	Joint CERTIFICATION pursuant to Local Rule 16.1 by Executive Office for Immigration Review.(Sady, Michael) (Entered: 02/19/2021)
2021-02-19	15	Errata by Executive Office for Immigration Review, John A. Hawkinson to 14 Certification pursuant to Local Rule 16.1 -- A not-agreed-to early draft was filed inadvertently . (Hawkinson, John) (Entered: 02/19/2021)
2021-02-19	16	RESPONSE TO COURT ORDER by Executive Office for Immigration Review, John A. Hawkinson re 13 Order JOINT RESPONSE WITH PROPOSED SCHEDULE AND POSITIONS (correct version) . (Hawkinson, John) (Entered: 02/19/2021)
2021-02-22	17	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties' joint proposed schedule, [ECF No. 16 ], is APPROVED . In addition, with the consent of the parties, this case will be referred to the assigned magistrate judge. (McDonagh, Christina) (Entered: 02/22/2021)
2021-02-22	18	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge M. Page Kelley. (McDonagh, Christina) (Entered: 02/22/2021)
2021-03-04	19	ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating that the parties have consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (MacDougall, Patricia) (Entered: 03/04/2021)
2021-03-04	20	CONSENT by all parties to Jurisdiction by US Magistrate Judge by Executive Office for Immigration Review, John A. Hawkinson.. (Hawkinson, John) (Entered: 03/04/2021)
2021-03-05	21	Case no longer referred to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 03/05/2021)
2021-03-05	22	ELECTRONIC NOTICE of Reassignment. Magistrate Judge M. Page Kelley added. Judge Allison D. Burroughs no longer assigned to case. (Finn, Mary) (Entered: 03/05/2021)
2021-03-19	23	MOTION for Summary Judgment by Executive Office for Immigration Review.(Sady, Michael) (Entered: 03/19/2021)
2021-03-19	24	MEMORANDUM in Support re 23 MOTION for Summary Judgment filed by Executive Office for Immigration Review. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Sady, Michael) (Entered: 03/19/2021)
2021-04-09	25	Opposition re 23 MOTION for Summary Judgment and CROSS MOTION for Summary Judgment filed by John A. Hawkinson. (Attachments: # 1 Exhibit 1: Declaration of John A. Hawkinson, # 2 Exhibit 1A: Reyes-Batista BIA decision of July 20, 2020, # 3 Exhibit 1B: BIA decisions produced by FOIA on Nov. 16, 2020, # 4 Exhibit 1C: Higher-quality repagination of O'Hara screenshots (Defendant's Exhibit C), # 5 Exhibit 2: Declaration of Matthew Hoppock, # 6 Exhibit 2A: Hoppock Ex. A, BIA eDecisions screenshot, # 7 Exhibit 2B: Hoppock Ex. B, BIA Electronic File Naming Conventions)(Hawkinson, John) (Entered: 04/09/2021)
2021-04-23	26	NOTICE by Executive Office for Immigration Review (Sady, Michael) (Entered: 04/23/2021)
2021-04-30	27	REPLY to Response to 23 MOTION for Summary Judgment filed by Executive Office for Immigration Review. (Attachments: # 1 Exhibit)(Sady, Michael) (Entered: 04/30/2021)
2021-04-30	28	Statement of Material Facts L.R. 56.1 re 23 MOTION for Summary Judgment Defendant's Response to Plaintiff's Local Rule 56.1 Counter-Statement of Material Facts filed by Executive Office for Immigration Review. (Sady, Michael) (Entered: 04/30/2021)
2021-04-30	29	Assented to MOTION for Leave to File Cross-Reply in support of Summary Judgment by John A. Hawkinson.(Hawkinson, John) (Entered: 04/30/2021)
2021-05-03	30	Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 29 Plaintiff's Motion for Leave to File Cross-Reply. Cross-Reply shall be filed by May 14, 2021. (MPK, law1) (Entered: 05/03/2021)
2021-05-03	31	EXHIBIT re 27 Reply to Response to Motion Attachment to Exhibit 1 by Executive Office for Immigration Review. (Sady, Michael) (Entered: 05/03/2021)
2021-05-14	32	Cross REPLY to Response to 23 MOTION for Summary Judgment -- Plaintiff's cross-reply in support of his 25 cross-motion for summary judgment -- filed by John A. Hawkinson. (Hawkinson, John) (Entered: 05/14/2021)
2021-09-27	33	Magistrate Judge M. Page Kelley: ORDER entered. MEMORANDUM AND ORDER: For the reasons stated, Defendant's Motion for Summary Judgment 23 is GRANTED and Plaintiff's Cross-Motion for Summary Judgment 25 is DENIED. Judgment shall enter for EOIR. (Vieira, Leonardo) (Entered: 09/27/2021)
2021-09-27	34	Magistrate Judge M. Page Kelley: ORDER entered. JUDGMENT (Vieira, Leonardo) (Entered: 09/27/2021)
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