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Gahagan v. USCIS, No. 15-31029, 2016 WL 3878183 (5th Cir. July 15, 2016) (per curiam)


Gahagan v. USCIS, No. 15-31029, 2016 WL 3878183 (5th Cir. July 15, 2016) (per curiam)

Re: Request for immigration records concerning requester's client

Disposition: Vacating district court's grant of government's motion for summary judgment and denial of requester's motions for summary judgment; remanding for further consideration of results of new search

  • Litigation Considerations, Considerations on Appeal: The Court of Appeals for the Fifth Circuit holds "that remand is appropriate." The court explains that "USCIS filed a motion to remand, explaining that it had recently discovered that . . . a USCIS employee in the New Orleans Field Office, 'could not confirm he had conducted an electronic search using the A-file number of the individual referenced in [the requester's] 2014 FOIA request[.]'" "USCIS decided to conduct an additional 'electronic search' . . . which 'produced a limited amount of material that USCIS is now processing for any applicable FOIA exemptions.'" The court finds that "[a]lthough the results of USCIS's latest search may not render the controversy moot, it could affect the disposition of [the requester's] claims." The court finds that "because [it] 'will not generally consider evidence or arguments that were not presented to the district court,' . . . [it] leave[s] to the district court the task of determining the impact of USCIS's latest search in the first instance."
Court Decision Topic(s)
Court of Appeals opinions
Litigation Considerations, Considerations on Appeal
Updated January 20, 2022