District Court Decisions

Hajro v. U.S. Citizenship & Immigration Servs., No. 08-1350, 2011 U.S. Dist. LEXIS 117964 (N.D. Cal. Oct. 12, 2011) (Grewal, Mag.).  Holding:  Dismissing FOIA claims brought against individual defendants; holding that party who did not submit FOIA request at issue has standing to assert a "pattern or practice" claim under FOIA; granting declaratory relief that defendant engaged in pattern or practice of failing to abide by FOIA; granting plaintiffs' request for injunctive relief; concluding that defendant is required to release certain non-exempt information previously withheld pursuant to Exemption 5; concluding defendant's FOIA processing policy violates a previous settlement agreement as well as the terms of the Administrative Procedure Act (APA) and the FOIA; dismissing a claim brought under APA; and granting partial summary judgment to defendants on plaintiffs' equal protection claims.  The court awards summary judgment to plaintiffs on the basis that they have "establish[ed] a pattern or practice of FOIA violations" by USCIS's actions in repeatedly exceeding the twenty-day response time for requests.  The court finds that "[d]efendants have not offered evidence to the contrary, pointed out inconsistencies in the record that would suggest a genuine issue of fact for trial, or come forward with even assertions that USCIS is in compliance with the timing requirements of FOIA."  With respect to plaintiffs' request for a permanent injunction, the court notes that such relief is available "in order to remedy a pattern and practice of FOIA violations by an agency where there is 'a probability that alleged illegal conduct will recur in the future.'"  Here, the court finds that injunctive relief is warranted based on the "repeated occurrence of the delays and lack of any indication by Defendants of efforts to cease such violations in the future," "the history of past violations by USCIS and its predecessor agency," and the fact that "the effect on the public of disclosure or nondisclosure is substantial where the information sought is not available through any other means."  Based on these findings, the court grants plaintiffs' request for injunctive relief and "require[es] USCIS to:  1) provide a copy of the requestor's file within the twenty-day time limit mandated by 5 U.S.C. § 552(a)(6)(A); and 2) give the written notice mandated by 5 U.S.C. § 552 (a)(6)(B) if an extension of time is needed due to 'unusual circumstances.'"