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Judicial Watch • DHS Complaint on DHS Report

DHS Complaint on DHS Report

DHS Complaint on DHS Report

Page 1: DHS Complaint on DHS Report

Category:General

Number of Pages:4

Date Created:March 23, 2011

Date Uploaded to the Library:February 20, 2014

Tags:complaint, DHS, report


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC., 
425 Third Street, S.W., Suite 800 Washington, 20024, 
Plaintiff, Civil Action No. 
U.S. DEPARTMENT HOMELAND SECURITY, 601 South 12th Street 
Arlington, 22202, 
Defendant. 

COMPLAINT FOR DECLARATORY AND 
INJUNCTIVE RELIEF 

Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department Homeland Security compel compliance with the Freedom oflnformation Act, U.S.C.  552 ("FOIA"). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE 
The Court has jurisdiction over this action pursuant U.S.C.  552(a)(4)(B) and U.S.C.  1331. Venue proper this district pursuant U.S.C.  1391(e). 
Plaintiff non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, W., Suite 800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest 

mission, Plaintiff regularly requests access the public records federal, state, and local 
government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the United States Government and headquartered 601 South 12th Street, Arlington, 22202. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS October 12, 2010, Plaintiff sent FOIA request Defendant seeking access report/memorandum prepared the direction the United States Secretary Homeland Security Janet Napolitano related Carlos Marinelly-Montano, unlawfully present alien charged with killing Benedictine nun and injuring two others August 2010 drunk driving incident Prince William County, Virginia. Marinelly-Montano had two prior drunk driving convictions and had been turned over federal immigration officials Prince William County police 2008. had been released from federal custody, however, and had been awaiting deportation hearing for nearly two years the time the August 2010 incident. letter dated October 21, 2010, Defendant acknowledged receipt October 13, 2010 Plaintiffs October 12, 2010 FOIA request. Also its letter, Defendant invoked ten-day extension for responding Plaintiffs October 12, 2010 FOIA request pursuant U.S.C.  552(a)(6)(A). 
Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond within thirty (30) working days October 13, 2010, November 26, 2010. the date this Complaint, Defendant has failed produce any records responsive the request demonstrate that responsive records are exempt from production.
Nor has indicated whether when any responsive records will produced. sh01i, Defendant has failed respond the request any manner. Because Defendant failed comply with the time limit set forth U.S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect its October 12, 2010 FOIA request, pursuant U.S.C.  552(a)(6)(C). 
COUNT 
(Violation FOIA, U.S.C.  552) 

10. Plaintiff realleges paragraphs through9 fully stated herein. 
11. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

12. 
Plaintiff being irreparably harmed reason Defendant's unlawful withholding requested records, and Plaintiff will continue irreparably harmed unless Defendant compelled conform its conduct the requirements the law. 

WHEREFORE, Plaintiff respectfully requests that the Comi: (1) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiff's October 12, 2010 FOIA request and Vaughn index any responsive records withheld under claim exemption; (2) enjoin Defendant from continuing withhold any and all non-exempt records responsive Plaintiff's October 12, 2010 FOIA request; (3) grant Plaintiff award attorney's fees and other litigation costs reasonably incurred this action pursuant U.S.C.  552(a)(4)(E); and (4) grant Plaintiff such other relief the Court deems just and proper.
Dated: December 2010 Respectfully submitted, JUDICIAL WATCH, INC. 

(D.C. Bar No. 429716) 
425 Third Street, S.W., Suite 800 
Washington, 20024 

(202) 646-5172 

Attorneys for Plaintiff