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Judicial Watch • JW v DHS detainers complaint 01008

JW v DHS detainers complaint 01008

JW v DHS detainers complaint 01008

Page 1: JW v DHS detainers complaint 01008


Number of Pages:4

Date Created:May 25, 2017

Date Uploaded to the Library:May 31, 2017

Tags:Murray, 01008, Detainers, determination, requested, complaint, security, responsive, DHS, defendant, michael, filed, plaintiff, request, document, records, FOIA, Washington, ICE

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Case 1:17-cv-01008 Document Filed 05/26/17 Page THE UNITED STATES DISTRICT COURT
425 Third Street SW, Suite 800
Washington, 20024,
Office the General Counsel
245 Murray Lane
Mailstop 0485
Washington, 20528,
Civil Action No.
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Homeland Security compel compliance with the Freedom Information Act, U.S.C. 552 FOIA grounds therefor, Plaintiff alleges follows:
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 Judicial Watch, Inc. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
Case 1:17-cv-01008 Document Filed 05/26/17 Page
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
agencies responses and disseminates both its findings and the requested records the American
public inform them about what their government to.
Defendant U.S. Department Homeland Security agency the U.S.
Government and headquartered 245 Murray Lane SW, Washington, 20528. Defendant
has possession, custody, and control records which Plaintiff seeks access.
U.S. Immigration and Customs Enforcement ICE component
Defendant. its website, ICE states that remains committed publishing the most
accurate information available regarding declined detainers across the country and continues
analyze and refine its reporting methodologies. While this analysis ongoing, the publication
the Declined Detainer Outcome Report (DDOR) will temporarily suspended. Similarly,
April 11, 2017, CNN reported that ICE decided suspend the weekly publication the DDOR
after receiving complaints. Tal Kopan, Trump admin suspends controversial sanctuary city
reports, CNN (Apr. 11, 2017, available April 13, 2017, Plaintiff submitted certified mail FOIA request U.S.
Immigration and Customs Enforcement, component Defendant, seeking access the
following records:
All complaints received ICE concerning the DDOR;
All records concerning the suspension the weekly publication
the DDOR; and
All records identifying the reporting methodologies used create
Case 1:17-cv-01008 Document Filed 05/26/17 Page
the DDOR.
According U.S. Postal Service records, ICE received Plaintiff FOIA request April 17, 2017. the date this Complaint, ICE has failed to: (i) determine whether
comply with Plaintiff FOIA request; (ii) notify Plaintiff any such determination the
reasons therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv)
produce the requested records otherwise demonstrate that the requested records are exempt
from production.
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiff FOIA request demonstrate that the requested records are lawfully
exempt from production.
Plaintiff being irreparably harmed Defendant violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
13. trigger FOIA administrative exhaustion requirement, Defendant was
required make determination with respect Plaintiff FOIA request within twenty (20)
working days receiving the request. Accordingly, Defendant determination was due
before May 15, 2017. minimum, Defendant was required to: (i) gather and review the
requested records; (ii) determine and communicate Plaintiff the scope any responsive
records Defendant intended produce withhold and the reasons for any withholdings; and
(iii) inform Plaintiff that may appeal any adequately specific, adverse determination. See, e.g.,
Case 1:17-cv-01008 Document Filed 05/26/17 Page
Citizens for Responsibility and Ethics Washington Federal Election Commission, 711 F.3d
180, 188-89 (D.C. Cir. 2013).
Because Defendant failed make determinations with respect Plaintiff FOIA
request within the time period required FOIA, Plaintiff deemed have exhausted its
administrative appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiff FOIA request and demonstrate that
employed search methods reasonably calculated uncover all records responsive the request;
(2) order Defendant produce, date certain, any and all non-exempt records responsive
Plaintiff 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 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: May 25, 2017
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff