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Judicial Watch • JW v DHS USCIS green cards 01702

JW v DHS USCIS green cards 01702

JW v DHS USCIS green cards 01702

Page 1: JW v DHS USCIS green cards 01702


Number of Pages:4

Date Created:October 16, 2015

Date Uploaded to the Library:November 04, 2015

Tags:01702, Cards, uscis, Green, determination, Plaintiffs, security, responsive, DHS, defendant, filed, plaintiff, request, document, records, FOIA, states, Washington, court, united

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Case 1:15-cv-01702-KBJ Document Filed 10/16/15 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 oflnformation 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
S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
Case 1:15-cv-01702-KBJ Document Filed 10/16/15 Page
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant United States Department Homeland Security agency the
United States Government and headquartered 245 Murry Lane SW, Mailstop 0485,
Washington, 20528. Defendant has possession, custody, and control ofrecords which
Plaintiff seeks access.
STATEMENT FACTS May 14, 2015, Plaintiff submitted FOIA request U.S. Citizenship and
Immigration Services, component Defendant, seeking access to:
Any and all records concerning, regarding, related letters sent USCIS current green card holders urging such individuals
become naturalized U.S. citizens prior the 2016 election,
including, but not limited to, memoranda, guidance, and/or
instructions provided USC staff regarding such letters and
records ofUSCIS funds allocated such efforts.
According U.S. Postal Service records, Defendant received the request
certified mail May 19, 2015. letter dated June 2015, Defendant acknowledged receipt the request and
notified Plaintiff that the request had been assigned Case Number NRC2015075525.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with Plaintiffs request within twenty (20) working days after receipt the
request and notify Plaintiff immediately its determination, the reasons therefor, and the
right appeal any adverse determination. its June 2015 letter, however, Defendant
invoked FOIAs 10-day extension time provision. Accordingly, Defendants determination
was due July 2015 the latest.
Case 1:15-cv-01702-KBJ Document Filed 10/16/15 Page the date this Complaint, Defendant has failed to: (i) determine whether
comply with Plaintiffs 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
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 with
respect its request, pursuant U.S.C. 552(a)(6)(C).
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant violating FOIA unlawfully withholding records responsive
Plaintiffs FOIA request.
Plaintiff being irreparably harmed reason Defendants violation ofFOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
fully with FOIA.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiffs FOIA request and demonstrate that
employed search methods reasonably likely lead the discovery records responsive the
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 nonexempt records responsive Plaintiffs FOIA request; (4) grant Plaintiff award attorneys
Case 1:15-cv-01702-KBJ Document Filed 10/16/15 Page
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.
Respectfully submitted,
Dated: October 16, 2015
Isl Jason Aldrich
Jason Aldrich
D.C. Bar No. 495488
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff