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Sabra v. CBP, No. 20-681, 2021 WL 796166 (D.D.C. Mar. 2, 2021) (Kollar-Kotelly, J.)


Sabra v. CBP, No. 20-681, 2021 WL 796166 (D.D.C. Mar. 2, 2021) (Kollar-Kotelly, J.)

Re:  Request for records concerning encounter with Customs and Border Protection agents at port of entry in California in September 2015

Disposition:  Denying plaintiff's motion for judgment on the pleadings

  • Litigation Considerations, Relief:  "[T]he Court construes Plaintiff's motion as seeking both injunctive and declaratory relief based on her claims that Defendant has failed to respond to her expedited processing request and to make records 'promptly available.'"  "The Court finds that neither form of relief is appropriate at this time, and so shall deny Plaintiff's motion."  The court finds that "[a]lthough Defendant admits that as of [the date that plaintiff filed this complaint], it had 'not issued a final response to Plaintiff's . . . FOIA request or a response to Plaintiff's request for expedited processing,' . . . that alone does not warrant judgment in Plaintiff's favor."  Additionally, the court finds that "Plaintiff cites no legal authority supporting her proposition that she is entitled to declaratory relief based on Defendant's failure to respond timely to her request for expedited processing or its purported failure to make records 'promptly available.'"  "Because Defendant has produced records in response to Plaintiff's FOIA request, . . . a declaratory judgment that Defendant failed to comply with FOIA's timing requirements has no 'implication for practical enforcement' with respect to these parties."  "The Court finds that the injunctive relief requested by Plaintiff is similarly unwarranted."  The court finds that "'[o]nce an agency has made its final determination under § 552(a)(6)(A), the timeliness of that determination is no longer a live controversy fit for judicial review.'"
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Relief
Updated March 24, 2021