Gahagan v. USCIS, No. 14-1268, 2015 WL 5321749 (E.D. La. Sept. 11, 2015) (Barbier, J.)

Gahagan v. USCIS, No. 14-1268, 2015 WL 5321749 (E.D. La. Sept. 11, 2015) (Barbier, J.)

Re: Request for immigration records concerning plaintiff's client

Disposition: Denying plaintiff's second and third motions for summary judgment

• Litigation Considerations, Vaughn Index/Declaration:  In response to plaintiff's arguments to the contrary, the court holds that defendant's "[d]eclaration[s] are proper FOIA declarations."  "Both state that they are based on the declarant's personal knowledge, review of documents kept by USCIS in the ordinary course of business, and information provided to the declarant by other USCIS employees in the course of official duties."  "[One declarant] also attests to her familiarity with USCIS procedures and actions taken in response to [plaintiff's] request."  "Both declarations are properly based on personal knowledge and information obtained in the official course of the declarants' duties."
   
• Litigation Considerations, Adequacy of Search:  The court holds that "USCIS established that it conducted a legally adequate search."  The court finds that, "[c]onsidering the declarations as a whole, USCIS described its search process, including specifics about the places searched, the persons conducting the searches, and the search terms employed."  "This is sufficient to meet the standard."
   
• Litigation Considerations, Vaughn Index/Declaration:  In response to "[plaintiff's] argu[ment] that USCIS must produce a Vaughn Index explaining the exemptions claimed in the thirty-three pages of documents released by ICE," the court holds that "[b]ecause [plaintiff] has already received a Vaughn Index for the thirty-three pages released by ICE, this issue is moot."
   
• Litigation Considerations, In Camera Inspection:  In response to plaintiff's request for in camera review, "[t]he Court finds review of the thirty-three pages released by ICE unnecessary because ICE provided a detailed Vaughn Index, as described above."