Sw. Env't Ctr. & Border Network or Human Rights v. Sessions, No. 18-632, 2018 WL 6069158 (D.N.M. Nov. 20, 2018) (Johnson, J.)

Sw. Env't Ctr. & Border Network or Human Rights v. Sessions, No. 18-632, 2018 WL 6069158 (D.N.M. Nov. 20, 2018) (Johnson, J.)

Re:  Claim that family detention policy violates the FOIA because it was not published in Federal Register

Disposition:  Granting defendants' motion to dismiss

• Litigation Considerations, Jurisdiction:  The court holds that "Plaintiffs have not shown the requisite standing to bring a FOIA claim, and so that claim is dismissed."  The court explains that "Plaintiffs do not allege that they have filed a FOIA request, which would trigger the requirements of the FOIA statute."  "Plaintiffs do not have an outstanding FOIA request, and no documents have therefore been withheld in violation of FOIA and therefore they do not satisfy Article III’s standing requirements to assert a FOIA claim."