Gahagan v. USCIS, No. 14-1268, 2014 U.S. Dist. LEXIS 112910 (E.D. La. Aug. 14, 2014) (Barbier, J.)

Date: 
Thursday, August 14, 2014

Gahagan v. USCIS, No. 14-1268, 2014 U.S. Dist. LEXIS 112910 (E.D. La. Aug. 14, 2014) (Barbier, J.)

Re: Request for immigration records concerning plaintiff's client

Disposition: Denying plaintiff's motion for summary judgment and dismissing plaintiff's claim with prejudice

  • Procedural Requirements, Consultations and Referrals:  The court finds that there is "no evidence of bad faith on the part of USCIS and finds that the referral to ICE was proper in this case."  Therefore, the court holds "that USCIS has appropriately responded to Plaintiff's FOIA request."
     
  • Litigation Considerations, "Reasonably Segregable" Requirements:  The court finds that "[t]he declarations that USCIS has submitted state that USCIS was unable to reasonably segregate any portion of the disputed documents that were withheld in full."  "The Court finds no evidence of bad faith on the part of USCIS and therefore will not question the veracity of the USCIS's submissions regarding reasons for withholding the documents."
     
  • Litigation Considerations, Adequacy of Search:  The court relates that "[p]laintiff alleges that the government has failed to disclose the names of the people who conducted the searches, what types of search methods were used, and which files were searched, as required by FOIA."  The court finds that "USCIS has provided a supplemental declaration setting forth the specific information that Plaintiff has requested."  "Therefore, Plaintiff's argument on this issue is moot."
     
Topic: 
Adequacy of Search
Litigation Considerations
Procedural
Referral of Record
Segregability
Updated January 29, 2015