Court Decisions

Re: Request for records concerning the agreement between the United States and Mexico regarding the payment of U.S. Social Security benefits to Mexican nationals Disposition: Granting in part and denying in part defendant's renewed motion for summary judgment; denying plaintiff's motion for in camera review

• Exemption 1: Section 1.7(d) of Executive Order 13,526 "provides that previously...

Re: First party request for records on self and request for oaths of office of certain agents Disposition: Granting defendants' motions for summary judgment

• Motion for Summary Judgment: The court grants defendants' motion for summary judgment because plaintiff failed to respond to defendants' motions. Noting that plaintiff "has not contested defendants' facts, which are properly supported...

Re: First party request for records Disposition: Dismissing action as to individual defendants; denying defendants' motion for reconsideration with respect to the applicability of Section 222(f) of the Immigration and Nationality Act to records concerning the revocation of visas; granting defendants' motion for supplemental motion for summary judgment with regard to material withheld under...

Re: First party request for records concerning plaintiff's criminal trial and a contract for sale plaintiff alleges was used to convict plaintiff Disposition: Granting OIP's motion for summary judgment

• Procedural: The court finds that the FOIA does not require an agency "'to have clairvoyant capabilities to discover the requester's needs.'"

• Jurisdiction: The court dismisses plaintiff's...

Re: Request for an incident report regarding an encounter between plaintiffs and state police officers; FOIA claim was made in context of several causes of actions brought against State of Maryland, state police, and individual officers Disposition: Granting defendants' motions to dismiss

• Proper Party Defendant: The court dismisses plaintiff's claims against the named police officers, noting...

Re: First party request for records on self Disposition: Granting defendants' motion for summary judgment in part and allowing defendants to file a renewed motion for summary judgment so that EOUSA can provide further details regarding its search and withholdings and so that defendants can explain the disposition of certain referred records

• Adequacy of Search: The court finds that it cannot...

Re: Request for records concerning "research requests made on behalf of former President George W. Bush and former Vice President Dick Cheney," for Presidential records also known as "special access requests" made during the time period when public access to Presidential records is limited under the Presidential Records Act Disposition: Granting NARA's motion for summary judgment

• Exemption 6: T...

Re: Request for fee waiver for records concerning the terrorist attacks of September 11, 2001 Disposition: Affirming decision of district court and FBI to deny fee waiver

• Procedural: The Ninth Circuit concludes that the FBI's untimely response was properly considered by the district court as part of the administrative record. The court notes that "the FBI's untimely response was not an attempt...

Re: Request for records pertaining to plaintiff Disposition: Affirming district court's denial of plaintiff's motion to compel production of trial related documents, previously sought through FOIA requests; affirming and district court's refusal to construe the motion as FOIA complaint

• Procedural: The Seventh Circuit explains that to "bring an action under the FOIA in district court, the...

Re: Request for records relating to plaintiff's asylum application Disposition: Granting in part defendant's motion for summary judgment as to propriety of withholdings under Exemption 5; ordering further briefing on plaintiff's request for a declaratory judgment and injunction

• Exemption 5/Deliberative Process Privilege: The court "finds that the [defendant's declaration] logically links the...