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Judicial Watch • JW v State immigration loans complaint 00157

JW v State immigration loans complaint 00157

JW v State immigration loans complaint 00157

Page 1: JW v State immigration loans complaint 00157

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Number of Pages:4

Date Created:January 24, 2017

Date Uploaded to the Library:January 30, 2017

Tags:00157, Migration, peterson, loans, immigration, complaint, responsive, defendant, filed, State Department, plaintiff, request, document, records, department, FOIA, office, Washington


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Case 1:17-cv-00157-ABJ Document Filed 01/24/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT STATE,
The Executive Office
Office the Legal Adviser, Suite 5.600
600 19th Street, N.W.
Washington, 20522,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
State 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 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
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:17-cv-00157-ABJ Document Filed 01/24/17 Page
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 State agency the United States
Government headquartered 2201 Street, N.W., Washington, 20520. Defendant has
possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS February 2016, Plaintiff submitted FOIA request Defendant seeking
access the following records:
Any and all records reflecting the number Refugee Travel Loans furnished
the State Department Bureau for Population, Refugees, and Migration (PRM)
the International Organization for Migration (IOM) per year; the number travel
loans that are defaulted upon per year; and the amount money written off per
defaulted loan.
The time frame for the request was identified 2010 the present.
According U.S. Postal Service records, the request was delivered Defendant February 17, 2016. letter dated March 17, 2016, Defendant acknowledged receipt Plaintiff
request and advising Plaintiff that the request had been assigned Case Control Number F-201601161. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
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Case 1:17-cv-00157-ABJ Document Filed 01/24/17 Page
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
10.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the request, about March 16, 2016. minimum, Defendant was
required to: (i) gather and review the requested documents; (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., Citizens for Responsibility and Ethics Washington Federal Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
12.
Because Defendant failed determine whether comply with Plaintiff 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
conduct searches for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt 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
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Case 1:17-cv-00157-ABJ Document Filed 01/24/17 Page
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: January 24, 2017
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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