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Judicial Watch • 2011 jw-v-dhs-complaint-04292011

2011 jw-v-dhs-complaint-04292011

2011 jw-v-dhs-complaint-04292011

Page 1: 2011 jw-v-dhs-complaint-04292011


Number of Pages:4

Date Created:May 13, 2011

Date Uploaded to the Library:July 30, 2013

Tags:seeks, failed, produce, personal, access, Street, public, Pursuant, search, requests, requested, south, policy, security, responsive, government, watch, defendant, plaintiff, judicial, request, david, records, department, states, Washington, court, united, EPA, ICE, CIA

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425 Third Street, S.W., Suite 800  
Washington,  20024,  Case: 11-cv-00804  
Plaintiff,  Assigned To: Wilkins, Robert  Assign. Date: 4/29/2011  Description: FOINPrivacy Act  
601 South 12th Street  
Arlington, 22202,  


Plaintiff Judicial Watch, Inc. brings this action against Defendant United States 
Department Homeland Security compel compliance with the Freedom Information 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). 
PARTIES 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 

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 
United States Department Homeland Security, 601 South 12th Street, Arlington, 22202. 
Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS February 2011, Plaintiff sent FOIA request U.S. Citizenship and 
Immigration Services, component Defendant, seeking access the following: 
Any and all correspondence (including, but not limited email) between USCIS Director Alejandro Mayorkas and David Shahoulian, from December 2010 through February 2011. Fulfillment this request should include any emails exchanged between Mayorkas and Shahoulian via their respective personal accounts where such personal email mentions refers any way agency regulations policy issues any kind, including the planning scheduling meetings discuss agency regulations policy issues any kind. 
Defendant acknowledged receipt Plaintiffs FOIA request letter dated 
Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 

February 23, 2011. 
Plaintiff's FOIA request within twenty (20) working days March 23, 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 the request, 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 FOIA request, pursuant U.S.C.  552(a)(6)(C). 
COUNTl (Violation FOIA, U.S.C.  552) 
Plaintiff realleges paragraphs through fully stated herein. 

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 Court: (1) order Defendant 
conduct search for any and all responsive records Plaintiffs FOIA request and demonstrate 
that employed search methods reasonably likely lead the discovery records responsive 
Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt 
records responsive Plaintiffs 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 Plaintiffs FOIA request; (4) 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: April 29, 2011 Respectfully submitted, 
D.C. Bar No. 429716 
David Rothstein 
D.C. Bar No. 450035 
425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-51 
Attorneys for Plaintiff