Louise Trauma Ctr., LLC v. USCIS, No. 23-2846, 2024 WL 3555043 (D. Md. July 26, 2024) (Bennett, J.)

Louise Trauma Ctr., LLC v. USCIS, No. 23-2846, 2024 WL 3555043 (D. Md. July 26, 2024) (Bennett, J.)

Re:  Request for records concerning training and performance of asylum officers, as well as a copy of Credible Fear Procedures Manual

Disposition:  In pertinent part, granting defendant’s motion to dismiss

• Litigation Considerations, Mootness and Other Grounds for Dismissal & Exhaustion of Administrative Remedies:  The court holds that “in furnishing [plaintiff] with the documents it requested, USCIS dispatched of [plaintiff’s] lawsuit, which sought solely the provision of said documents.”  “If [plaintiff] wishes to dispute the quality of the documents USCIS provided in response to [plaintiff’s] request, [plaintiff] may pursue action via the procedure outlined in FOIA.”  “Namely, because USCIS made final determinations regarding [plaintiff’s] four FOIA requests, as communicated via the letters USCIS sent in response to the requests, [plaintiff] must first challenge the redactions by appealing to the head of the agency before it seeks a judgment from this Court.”  “[Plaintiff] argues that it is entitled to bring action regarding the redactions before this Court anyway, as it has ‘constructively exhausted’ FOIA’s administrative requirements due to USCIS’s failure to provide [plaintiff] with the requested documents within 20 days, as [plaintiff] argues is required by statute.”  “However, USCIS was not required to provide the documents within 20 days – it merely was required ‘to determine . . . whether to comply’ with [plaintiff’s] request and to notify [plaintiff] of its determination.”  “USCIS did this, via letter response, in each instance.”  “Additionally, the constructive exhaustion doctrine applies only to claims included in the original complaint.”  “Constructive exhaustion does not cover FOIA-related claims arising beyond those asserted in the original complaint.”  “Once USCIS provided the documents, the complaint, predicated as it was upon the provision of the documents alone, became moot.”  “This remains true, even if USCIS provided the documents beyond the statutory deadline.”  “Thus, the constructive exhaustion doctrine does not save [plaintiff’s] complaint from dismissal.”