Case: 1:18-cv-2415 As of: 01/28/2019 06:29 PM EST 1 of 3
STAYED,TYPE I−FOIA
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:18−cv−02415−RDM

LEOPOLD et al v. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT et al Assigned to: Judge Randolph D. Moss Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 10/22/2018 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

JASON LEOPOLD

represented by Matthew Topic LOEVY & LOEVY 311 N. Aberdeen Street Third Floor Chicago, IL 60607 (312) 243−5900 Fax: (312) 243−5902 Email: matt@loevy.com ATTORNEY TO BE NOTICED

Plaintiff BUZZFEED INC.

represented by Matthew Topic (See above for address) ATTORNEY TO BE NOTICED

V. Defendant U.S. IMMIGRATION & CUSTOMS ENFORCEMENT
Defendant U.S. DEPARTMENT OF HOMELAND SECURITY
Defendant U.S. CUSTOMS & BORDER PROTECTION
Defendant U.S. CITIZENSHIP & IMMIGRATION SERVICES

represented by Marina Utgoff Braswell U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW Washington, DC 20530 (202) 252−2561 Fax: (202) 252−2599 Email: Marina.Braswell@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marina Utgoff Braswell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marina Utgoff Braswell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marina Utgoff Braswell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:18-cv-2415 As of: 01/28/2019 06:29 PM EST 2 of 3

Date Filed 10/22/2018
10/22/2018 10/22/2018 10/24/2018
10/24/2018 11/28/2018 11/28/2018 11/28/2018 11/28/2018 11/28/2018 11/28/2018 12/10/2018 12/11/2018
12/12/2018 12/26/2018

# Docket Text
1 COMPLAINT against U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090−5751963) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet Civil Cover Sheet, # 8 Summons Summons)(Topic, Matthew) (Entered: 10/22/2018)
2 NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 10/22/2018)
Case Assigned to Judge Randolph D. Moss. (zmd) (Entered: 10/24/2018)
3 SUMMONS (6) Issued Electronically as to U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 10/24/2018)
4 STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/24/2018. (lcrdm2, ) (Entered: 10/24/2018)
5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS & BORDER PROTECTION served on 11/7/2018 (Topic, Matthew) (Entered: 11/28/2018)
6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 11/6/2018 (Topic, Matthew) (Entered: 11/28/2018)
7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 11/7/2018 (Topic, Matthew) (Entered: 11/28/2018)
8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT served on 11/19/2018 (Topic, Matthew) (Entered: 11/28/2018)
9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/8/2018. (Topic, Matthew) (Entered: 11/28/2018)
10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/8/2018. Answer due for ALL FEDERAL DEFENDANTS by 12/8/2018. (Topic, Matthew) (Entered: 11/28/2018)
11 ANSWER to Complaint by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT.(Braswell, Marina) (Entered: 12/10/2018)
MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on January 4, 2019, at 10:15 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm2, ) (Entered: 12/11/2018)
Set/Reset Hearings: Initial Scheduling Conference set for 1/4/2019, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) Modified on 12/17/2018 to correct date (year)(kt). (Entered: 12/12/2018)
12 NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS

Case: 1:18-cv-2415 As of: 01/28/2019 06:29 PM EST 3 of 3

12/28/2018 12/30/2018 12/31/2018

ENFORCEMENT (Braswell, Marina) (Entered: 12/26/2018)
13 Unopposed MOTION to Continue the January 4, 2019, Scheduling Conference by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina). (Entered: 12/28/2018)
MINUTE ORDER: Upon consideration of Defendants' motion to continue the January 4, 2019 Initial Status Conference and to stay the case, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. The January 4, 2019 ISC is hereby VACATED and this case shall be stayed until further order of the Court. It is further ORDERED that the parties shall meet and confer and submit a proposed date for an initial status conference as soon as Congress appropriates funding for the Department of Justice to resume work. Signed by Judge Randolph D. Moss on 12/30/2018. (lcrdm2, ) (Entered: 12/30/2018)
Case STAYED. (kt) (Entered: 12/31/2018)

 
 Case 1:18-cv-02415 Document 1 Filed 10/22/18 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JASON LEOPOLD,

)

6824 Lexington Avenue

)

Los Angeles, CA 90038

)

)

BUZZFEED INC.,

)

111 East 18th Street, 13th Floor

)

New York, NY 10003

)

)

Plaintiffs,

)

)

v.

)

)

U.S. IMMIGRATION & CUSTOMS

)

ENFORCEMENT,

)

Office of General Counsel

)

United States Department of Homeland Security )

Washington, D.C. 20258

)

)

U.S. DEPARTMENT OF HOMELAND

)

SECURITY,

)

245 Murray Lane SW

)

Mail Stop 0485

)

Washington, D.C. 20528-0485

)

)

U.S. CUSTOMS & BORDER PROTECTION )

1300 Pennsylvania Avenue, NW

)

Washington, DC 20229

)

)

U.S. CITIZENSHIP & IMMIGRATION

)

SERVICES

)

P.O. Box 648010

)

Lee's Summit, MO 64064-8010

)

)

Defendants.

)

Case No. 18-cv-2415

COMPLAINT

1. Plaintiffs JASON LEOPOLD and BUZZFEED INC. file this Freedom of

Information Act suit to force Defendants U.S. DEPARTMENT OF HOMELAND SECURITY,

U.S. CUSTOMS & BORDER PROTECTION, U.S. IMMIGRATION & CUSTOMS

Case 1:18-cv-02415 Document 1 Filed 10/22/18 Page 2 of 6
ENFORCEMENT, and U.S. CITIZENSHIP & IMMIGRATION SERVICES to comply with the clear statutory requirement that they promptly release videos, audio recordings, and photographs depicting the detention, treatment, removal and intake of migrant children, as well as other requested records.
PARTIES 2. Plaintiffs JASON LEOPOLD and BUZZFEED INC. are members of the media and made the FOIA requests at issue in this case. 3. Defendant U.S. DEPARTMENT OF HOMELAND SECURITY (“DHS”) is a federal agency subject to the Freedom of Information Act, 5 U.S.C. § 552. 4. Defendant U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (“ICE”) is a federal agency and component of DHS and is subject to the Freedom of Information Act, 5 U.S.C. § 552. 5. Defendant U.S. CUSTOMS & BORDER PROTECTION (“CBP”) is a federal agency and component of DHS and is subject to the Freedom of Information Act, 5 U.S.C. § 552. 6. Defendant U.S. CITIZENSHIP & IMMIGRATION SERVICES (“CIS”) is a federal agency and component of DHS and is subject to the Freedom of Information Act, 5 U.S.C. § 552.
JURISDICTION AND VENUE 7. This case is brought under 5 U.S.C. § 552(a)(6)(c)(i) and presents a federal question conferring jurisdiction on this Court. 8. Venue is proper under 5 U.S.C. § 552(a)(4)(B).
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Case 1:18-cv-02415 Document 1 Filed 10/22/18 Page 3 of 6
DEFENDANTS’ FOIA VIOLATIONS 9. On June 19, 2018, Plaintiffs requested from ICE and CBP, for the time period beginning January 20, 2017: (1) All unedited videos, audio, and photographs shot and recorded by ICE and CBP employees and/or contractors working for both agencies of any and all immigration enforcement actions undertaken by the agency related to migrants and migrant children seeking asylum, criminal aliens, immigration fugitives, and re-entrants; (2) All unedited videos, audio recordings, and photographs shot and recorded by ICE and CBP employees and/or contractors working for both agencies of migrant children being separated from their parents or parent and subsequently held in U.S. detention facilities, either those operated by the U.S. government or private prisons and contractors; and (3) A copy of the concluding document (report of investigation, final report, closing memo, referral letter) concerning investigations undertaken by OPR/IG at CBP/ICE/DHS in 2017 and 2018, thus far relating or referring to immigration, migrants, criminal aliens, aliens, asylum seekers, and personnel and/or contractor working for these agencies. A true and correct copy of the request is attached as Exhibit A. 10. On June 21, 2018, Plaintiffs requested from DHS, for the time period beginning January 20, 2017: (1) All unedited videos, audio, and photographs taken by DHS agents depicting the detention, treatment, removal and intake of migrant children seeking asylum, criminal aliens, immigration fugitives, and re-entrants; (2) All unedited video, audio, and photographs taken by DHS agents depicting the detention, treatment, removal, and intake of migrant children being separated from their parents and subsequently held in U.S. detention facilities; (3) The concluding documents regarding DHS OPR/IG investigations of 2017 and 2018 referring to immigration, migrants, criminal aliens, asylum seekers, and personnel and/or contractor working for these agencies. A true and correct copy of the full request, which has been paraphrased here, is attached as Exhibit B.
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Case 1:18-cv-02415 Document 1 Filed 10/22/18 Page 4 of 6
11. On August 7, 2018, Plaintiffs requested from CIS, for the time period beginning January 20, 2017: (1) All unedited videos, audio, and photographs taken by DHS agents depicting the detention, treatment, removal and intake of migrant children seeking asylum, criminal aliens, immigration fugitives, and re-entrants; (2) All unedited video, audio, and photographs taken by DHS agents depicting the detention, treatment, removal, and intake of migrant children being separated from their parents and subsequently held in U.S. detention facilities; (3) The concluding documents regarding DHS OPR/IG investigations of 2017 and 2018 referring to immigration, migrants, criminal aliens, asylum seekers, and personnel and/or contractor working for these agencies.
12. On June 27, 2018, DHS denied Plaintiffs’ request for expedited processing, conditionally granted its request for a fee waiver, and stated that it was transferring the DHS request to CBP and ICE for processing. A true and correct copy of the response is attached as Exhibit C.
13. CBP has never provided any response to the request. 14. On July 27, 2018, ICE provided a response to the request. With regard to parts one and two of the request, ICE indicated that it “is not capable of editing any video footage.” ICE offered to provide an Excel spreadsheet in response to part three of the request, which Plaintiffs accepted. A true and correct copy of the correspondence is attached as Exhibit D. 15. In its response, ICE failed to assert any exemptions over any records responsive to parts one or two of the ICE request. 16. DHS, ICE, and CBP possess software that allows for the redaction of videos.
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Case 1:18-cv-02415 Document 1 Filed 10/22/18 Page 5 of 6
17. On August 31, 2018, while not legally required because ICE failed to issue a proper determination or advise Plaintiffs of the need to appeal, Plaintiffs appealed ICE’s response.
18. On October 2, 2018, ICE responded to the appeal, remanding the request back to the ICE FOIA Office to complete processing of the request. A true and correct copy is attached as Exhibit E.
19. ICE has provided no further response to the request. 20. On October 5, 2018, Plaintiffs received another acknowledgment letter from DHS bearing the date of August 13, 2018, and erroneously referencing an August 7, 2018 request from Plaintiffs. Upon information and belief, that letter was sent in error as DHS had already acknowledged the request, which was sent in June 2018. 21. DHS has provided no further response to the request. 22. On August 13, 2018, CIS acknowledged receipt of the request to CIS. A true and correct copy is attached as Exhibit F. 23. CIS has provided no further response to the request.
COUNT I – VIOLATION OF FOIA 24. The above paragraphs are incorporated herein. 25. Defendants are agencies subject to FOIA. 26. Plaintiffs made a FOIA request to Defendants for agency records of Defendants. 27. One or more of the requested record are not exempt from disclosure. 28. Defendants have failed to produce the requested records.
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Case 1:18-cv-02415 Document 1 Filed 10/22/18 Page 6 of 6
WHEREFORE, Plaintiffs ask the Court to: i. Order Defendants to conduct a reasonable search for records and promptly produce all non-exempt requested records within 90 days of the service of this Complaint; ii. Award Plaintiffs attorney fees and costs; and
iii. Enter any other relief the Court deems appropriate.
DATED: October 22, 2018
Respectfully Submitted, /s/ Matthew Topic Attorneys for Plaintiffs Matthew Topic (E-Mail: foia@loevy.com) LOEVY & LOEVY 311 N. Aberdeen, Third Floor Chicago, IL 60607 Tel.: (312) 243-5900 Fax (312) 243-5902 Bar No. IL0037 Matthew Schafer (E-Mail: matthew.schafer@buzzfeed.com) BUZZFEED INC. 111 East 18th Street, 13th Floor New York, NY 10003 Tel.: (646) 660-0693 Fax: (212) 431-7461 Bar No. 1008728
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