Hajro v. USCIS

After the district court found that USCIS engaged in a pattern or practice of violating the Freedom of Information Act’s (FOIA), 5 U.S.C. 552(a)(6)(A), (B), (C), time limits, USCIS challenged the district court’s grant of summary judgment, a permanent injunction, and an attorneys’ fees award in favor of plaintiffs. USCIS also challenged the district court’s jurisdiction to enforce a 1992 Settlement Agreement entered into by an INS attorney. Determining that the court has jurisdiction to review the summary order, the court dismissed USCIS's challenge to the permanent injunction for lack of jurisdiction given its prematurely filed notice of appeal; held that while the district court may assert supplemental jurisdiction over the Settlement Agreement claims, plaintiffs have failed to show an “unequivocally expressed” waiver of sovereign immunity; and clarified the standing requirements to assert a FOIA pattern or practice claim. Therefore, the court vacated the injunction and remanded with instructions to conduct further proceedings on an open record to determine whether the attorney has standing to bring a pattern or practice claim under this standard. The court also found plaintiffs' pattern or practice claim moot and reversed the summary judgment order, remanding for further proceedings. The court vacated and remanded the attorneys' fees award for further consideration. View "Hajro v. USCIS" on Justia Law