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Gahagan v. USCBP, No. 14-2619, 2015 WL 6159133 (E.D. La. Oct. 20, 2015) (Brown, J.)


Gahagan v. USCBP, No. 14-2619, 2015 WL 6159133 (E.D. La. Oct. 20, 2015) (Brown, J.)

Re: Request for records concerning client

Disposition: Granting in part and denying in part plaintiff's motion for summary judgment

  • Litigation Considerations, Vaughn Index/Declaration:  "[T]he Court finds that Defendants have met their burden of showing that the affidavit is based upon personal knowledge and therefore the material is admissible."  The court relates that "[defendant's declarant] attests that she is the Director of the Freedom of Information Act . . . Division, Privacy and Diversity Office, Office of the Commissioner, U.S. Customs and Border Protection (CBP) and is the official responsible for overall supervision of the processing of FOIA requests."
  • Procedural Requirements, Responsiveness:  "[T]he Court finds that Defendants have not met their burden of establishing that CBP’s decision to withhold Form I–826 on the grounds that it was non-responsive to Plaintiff’s request was valid."  The court relates that "[i]t is undisputed that the I–826 was . . . located as a result of the agency’s query."  The court finds that "[d]efendants have not provided any support for their argument that a document may be withheld because it was not served upon [plaintiff's client]."  Furthermore, "the Court, in its discretion, finds that an updated Vaughn index addressing what exemption, if any, CBP believes the . . . information [CBP redacted from Form I-826 after it provided a copy of Form I-826 to plaintiff] falls under will better enable the Court to resolve the issue before it."  "Accordingly, the Court will also order CBP to produce an updated Vaughn index."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Vaughn Index/Declarations
Procedural Requirements, Supplemental to Main Categories
Updated January 10, 2022