Hoffman v. CBP, No. 20-6427, 2025 WL 2618772 (E.D. Pa. Sept. 10, 2025) (Brody, J.)

Hoffman v. CBP, No. 20-6427, 2025 WL 2618772 (E.D. Pa. Sept. 10, 2025) (Brody, J.)

Re: Request for records concerning communications involving CBP personnel at Eagle Pass Port of Entry

Disposition:  Granting defendant’s motion for summary judgment

• Litigation Considerations, Evidentiary Showing, Adequacy of Search:  The court relates that “[its] prior Order required the Agency to conduct a revised search of all email accounts in the cbp.dhs.gov domain using the search terms proposed by Plaintiff.”  “Anticipating that the revised search might return ‘an overwhelming number of potentially responsive records,’ [the court] required that the parties meet about how to refine the search so that production would not be an undue burden.” “That process occurred.”  “And, as [the court] also required, the Agency provided a declaration describing the revised email search.”  “That declaration – from the Agency’s long-time FOIA Division Branch Chief – confirms that the Agency followed all reasonable leads and did not withhold production of any responsive records.”  “The Agency tested Plaintiff’s search terms on a sample of email messages – by limiting the scope to only two days of the relevant period – and learned that the search was effectively unworkable.”  “Even when an additional limiting term was added, the search yielded 124 documents totaling 124,793 pages.”  “And in its evaluative review of the pulled records, the Agency’s FOIA staff found no records that referred to [one subject] or that included the specific terms most central to Plaintiff’s inquiry.”  “Its approach to searching its email server and reviewing pulled records to determine their responsiveness to the FOIA request has been reasonable under the circumstances.”  “Neither FOIA nor [the court’s] prior Order required the CBP to carry out a search that would constitute an undue burden.”  “The Agency has acted in accordance with the Order.” “It is entitled to summary judgment as to its search for responsive records in its email domain.”