JW v DHS 01509 UAC removal
Category:Lawsuit
Number of Pages:4
Date Created:September 5, 2014
Date Uploaded to the Library:November 13, 2014
Donate now to keep these documents public!
See Generated Text ∨
Autogenerated text from PDF
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA ruDICIAL WATCH, INC., 425 Third Street, S.W., Suite 800 Washington, 20024, Plaintiff, Civil Action No. UNITED STATES DEPARTMENT HOivffiLAND SECURITY, Office the General Counsel 245 Murray Lane S.W. Washington, 20528-0485, Plaintiff Judicial Watch, Inc. brings this action against Defendant United States Department Homeland Security (''DRS") 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. 139l(e). PARTIES Plaintiff Judicial Watch, Inc. not-for-profit, educational organization incorporated under the laws the District Co11Ullbia and headquartered 425 Third Street S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency, integrity, and accountability government and fidelity the rule law. part its mission, Plaintiff regularly requests records from federal agencies pursuant FOlA. Plaintiffanalyzes the responses and dissem.lnates its findings and the requested records the American public inform them about "what their government to." Defendant OHS agency the United States Government and headquartered South 12th Street, Arlington, 22202. Defendant has possession, custody, and control records which Plaintiff seeks access. STATEMENT FACTS July 2014, Plaintiff submitted FOIA request U.S. Immigration and Customs Enforcement ("ICE"), component Defendant, certified mail, seeking access the following: Any and all records the Enforcement Removal Operations (ERO) Field Office Juvenile Coordination Meeting Washington, 25-27 February 2014, include, but not limited to: schedule, participants, training materials, PowerPoint presentations, handouts, policies, etc. letter dated July 23, 2014, Defendant acknowledged receipt the request July 18, 2014 and assigned reference number 2014-ICF0-02806. Defendant also infonned Plaintiff that Defendant had invoked 10-day extension time process the request, authorized U.S.C. SS2(a)(6)(B). Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine whether comply with the request within thirty (30) working days receipt and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. Defendant's determination was due August 29, 2014. the date this complaint, Defendant has failed to: (i) determine whether comply with the request; (ii) notify Plaintiff any such determination the reasons therefor (iii) advise Plaintiff the right appeal any adverse determination; and/or (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. Because Defendant has failed comply with the time limit set forth U.S.C. 552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies pursuant U.S.C. 552(a)(6)(C). COUNT1 (Violation ofFOIA, U.S.C. 552) Plaintiffrealleges paragraphs through fully stated herein. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552. 10. Plaintiff being irreparably harmed reason Defendant's unlawful withholding records responsive Plaintiff's FOIA request, and will continue irreparably banned unless Defendant compelled conform its conduct the requirements the law. WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct searches for any and all records responsive Plaintiff's FOIA requests and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendant produce, date certain, any and all non exempt records responsive FOlA requests 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 requests; (4) grant Plaintiff award