Bayala v. DHS, No. 14-0007, 2017 WL 1194161 (D.D.C. Mar. 30, 2017) (Contreras, J.)

Bayala v. DHS, No. 14-0007, 2017 WL 1194161 (D.D.C. Mar. 30, 2017) (Contreras, J.)

Re: Request for records concerning interview with plaintiff regarding his asylum application

Disposition: Denying plaintiff's motion for summary judgment; granting in part and denying in part plaintiff's motion to dismiss; granting plaintiff's motion to strike; granting plaintiff's motion to file supplemental memorandum

• Litigation Considerations, Relief: The court rejects "[plaintiff's] request[] that the Court order DHS to 're-write' its initial response letter more fulsomely[]" and finds that "this relief is unavailable to [plaintiff]" because "this Court is bound by the mandate of the D.C. Circuit[]" and "FOIA provides a remedy of de novo review of an agency's releases at district court, not a return to the agency's initial response or administrative process." The court finds that "the D.C. Circuit's opinion has foreclosed this Court from reviewing DHS's administrative process." Also, the court finds that "[b]ecause [the] Court's review is de novo, the previous administrative process and DHS's initial response letter are immaterial." Turning to "[plaintiff's] claim for injunctive relief requiring DHS to alter its overall FOIA response procedures," the court finds that "[b]ecause [plaintiff] lacks standing to pursue his claim for prospective relief, [the] Court lacks the jurisdiction to consider it." However, "[a]lthough DHS moves to dismiss this case, the Court declines to do so and instead seeks to reach the issue contemplated by the D.C. Circuit – 'the correctness of [DHS's] materially novel and different in-court disclosure decision.'" "Determining if DHS's position is correct will touch upon at least three issues – the adequacy of DHS's search, the propriety of DHS's withholdings, and whether DHS has properly released all segregable material." "[T]he Court will review the Assessment to Refer in camera, and simultaneously entertain supplemental briefing from the parties with regards to the adequacy of DHS's search, the propriety of its withholdings, and whether it has properly released all segregable material."