Gahagan v. USCIS, No. 16-15438, 2016 WL 7229291 (E.D. La. Dec. 14, 2016) (Feldman, J.)

Gahagan v. USCIS, No. 16-15438, 2016 WL 7229291 (E.D. La. Dec. 14, 2016) (Feldman, J.)

Re: Request for requester's client's Form I-485 Receipt Notice

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

• Litigation Considerations, Adequacy of Search: "[T]he Court orders that another search . . . must be conducted." The court relates that, "[b]ased on this factual predicate, ordinarily the Court could find that USCIS had conducted an adequate search." "However, [plaintiff] in his supplemental papers references a prior case where USCIS submitted a declaration . . . regarding the exact type of record sought here." The court notes that the two declarations conflict and finds that "[t]he facts underlying this sworn declaration in another case regarding a search conducted for the same sort of record requested here calls into question the reasonableness of the search conducted in this case."