Tuesday, October 2, 2018
Chaverra v. USCIS, No. 18-289, 2018 WL 4762259 (D.D.C. Oct. 2, 2018) (Boasberg, J.)
Re: Request for records concerning death of individual
Disposition: Granting defendants' partial motion to dismiss
- Litigation Considerations: Because the law is clear that Plaintiff's opportunity to seek redress through FOIA is an adequate remedy, the Court will grant Defendants' Motion." The court relates that "[plaintiff's] APA cause of action complains that ICE 'unlawfully withheld and unreasonably delayed the legally mandated release of [the deceased's] medical records.'" "As redress, he seeks access to these records." "As this Court has previously noted, however, '[t]here is "little doubt that FOIA offers an adequate remedy within the meaning of section 704," . . . when litigants seeks to "gain access to . . . records."'" The court also specifically rejects plaintiff's "conten[tion] that FOIA's promised relief is not 'adequate' because some of the statute's exemptions might apply." The court finds that "[i]t is well settled that the alternate remedy must be only of the 'same genre'; it need not be identical."
Updated January 31, 2019