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Judicial Watch • JW v State USRAP refugees complaint 01244

JW v State USRAP refugees complaint 01244

JW v State USRAP refugees complaint 01244

Page 1: JW v State USRAP refugees complaint 01244

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Number of Pages:4

Date Created:May 29, 2018

Date Uploaded to the Library:May 30, 2018

Tags:USRAP, 01244, Refugee, plaintiff, FOIA


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Case 1:18-cv-01244 Document Filed 05/29/18 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
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, accountability,
and integrity government and fidelity the rule law. part its mission, Plaintiff
Case 1:18-cv-01244 Document Filed 05/29/18 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 U.S. Department State DoS agency the United States
government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered 2201 Street NW, Washington, 20520.
STATEMENT FACTS February 23, 2017, Plaintiff submitted FOIA request the DoS seeking the
following:
All records reflecting the locations within the United States that were
considered possible sites for refugee resettlement under the U.S. Refugee
Admissions Program USRAP 2015 and 2016.
All records reflecting sites the United States that had been approved
locations for refugee resettlement sites under USRAP 2015 and 2016.
All records reflecting the criteria used determine suitability locations
refugee resettlement sites 2015 and 2016.
All records reflecting the names local organizations promoting any the
locations identified above for consideration refugee resettlement sites. March 2017, State confirmed writing that Plaintiff request had been
received and assigned FOIA Control No. F-2017-04818. the filing 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.
Case 1:18-cv-01244 Document Filed 05/29/18 Page
Count Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff requests later than thirty (30)
business days after receipt the appropriate office. Accordingly, Defendant determinations
would have been due about April 19, 2017 the absolute latest. 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; (iii) inform Plaintiff that may appeal any adequately specific,
adverse determination; and (iv) make the records available promptly thereafter. See, e.g.,
Citizens for Responsibility and Ethics Washington Federal Election Commission, 711 F.3d
180, 188-89 (D.C. Cir. 2013).
11.
Because Defendant failed make substantive, appealable determination
whether comply with Plaintiff request within the time period required FOIA for all
components, Plaintiff deemed have exhausted its administrative 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 non-
Case 1:18-cv-01244 Document Filed 05/29/18 Page
exempt records 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 29, 2018
Respectfully submitted, Chris Fedeli
Chris Fedeli Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
cfedeli@judicialwatch.org
(202) 646-5172
Counsel for Plaintiff