Judicial Watch filed this lawsuit to force the Department of Homeland Security (DHS) to comply with a Freedom of Information Act (FOIA) request for documents regarding Carlos Martinelly-Montano, a known illegal immigrant who was charged with killing a Benedictine nun and injuring two others while he was driving drunk in August 2010.DHS indicated that responsive documents would be provided by January 18, 2011. However, on February 11, Immigration and Customs Enforcement (ICE) indicated that the document responsive to the FOIA request was still in draft form and so would be exempted.

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