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Judicial Watch • JW v DHS Complaint 03232011

JW v DHS Complaint 03232011

JW v DHS Complaint 03232011

Page 1: JW v DHS Complaint 03232011


Number of Pages:4

Date Created:March 24, 2011

Date Uploaded to the Library:February 20, 2014

Tags:03232011, complaint, DHS

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425 Third Street, S.W., Suite 800 
Washington, 20024, 
601 South lih Street 
Arlington, 22202, 

Plaintiff Judicial Watch, Inc. brings this action against Defendant United States 
Department Homeland Security compel compliance with the Freedom fnformation Act, 
U.S.C.  552 ("FOTA"). 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.  139l(e). 

Plaintiff non-profit, educational foundation organized under the laws the 
District Columbia and having its principal place business 425 Third Street, S.W., Suite 
800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and 

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 Govenunent and headquartered United States Department Homeland Security, 601 South Ith Street, Arlington, 22202. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS August 30, Plaintiff sent FOIA request Defendant seeking access the following: 
Any and all records of, and/or records concerning Department Homeland Secmity briefing regarding systematic review pending immigration cases against suspected illegal immigrants inf Touston, Texas. 
Any and all records general guidelines issued Department Homeland Security attorneys, allowing for dismissal pending immigration cases. 
Any and all records detailing the dete1mination and implementation systematic review pending inunigration cases against suspected illegal immigrants Houston, Texas. 
Any and all correspondence with non-governmental organizations (to include, but not limited to, the American Immigration Lawyers Association) concerning the process for Immigration and Customs Enforcement give consideration possible dismissal pending immigration cases. Defendant acknowledged receipt Plaintiffs FOIA request letter dated September 2010. Defendant's letter informed Plaintiff that its request was being referred 
U.S. Immigration and Customs Enforcement ('41CE"), component Defendant. about January 2011, Plaintiff finally received letter from ICE acknowledging receipt Plaintiffs FOIA request. January 19, 2011, Plaintiff received e-mail from TCE requesting 
clarification Plaintiffs request. Plaintiff responded Defendant's request for clarification e-mail January 
20, 2011. 
10. Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 
Plaintiff's FOIA request within twenty (20) working days Plaintiff's clarification the latest, February 17, 2011. 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. short, other 
than acknowledge receipt ofthe request and ask for clarification the request, Defendant has 
failed respond the request any manner. 
12. 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 FOIA request, pursuant U.S.C.  552(a)(6)(C). 
(Violation FOJA, U.S.C.  552) inti reall cges paragraphs through fully stated herein. 
Defendant unlawfully withholding records requested Plaintiff pursuant 

Plaintiff being irreparably harmed reason Defendant's unlawful U.S.C.  552. 
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 Cowt: (1) order Defendant conduct search for any and all responsive records Plaintiffs FOlA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOlA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiff's FOIA request and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records responsive Plaintiff's FOIA request; grant Plaintiff award attorneys' fees and other litigation costs reasonably incurred this action pursuant U.S.C.  552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper. Dated: March 23, 2011 Respectfully submitted, 

Bar No. 429716 

Bar No. 495488 Suite 800 

425 Third Street, S.W. Washington, 20024 
(202) 646-5172 
Attorneys for Plaint{ff