Long v. ICE, No. 17-00506, 2018 WL 4642824 (N.D.N.Y. Sept. 27, 2018) (Sannes, J.)
Re: Request for records concerning ICE's use of two different types of I-247 forms
Disposition: Denying plaintiff's motion for summary judgment; denying defendant's motion for summary judgment
- Litigation Considerations, Adequacy of Search & Vaughn Index/Declaration: The court holds that, "[i]In this case, as Plaintiffs argue, ICE has misconstrued certain requests, and Plaintiffs have provided tangible evidence regarding ICE's response to other FOIA requests and inconsistencies within ICE's declarations, all of which amount to more than 'purely speculative claims about the existence and discoverability of additional responsive records.'" "The Court therefore finds that Plaintiffs have met their burden of showing that summary judgment based upon the . . . declarations is not appropriate."