Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mora-Villalpando v. U.S. Immigration and Customs Enforcement

United States District Court, W.D. Washington, Seattle

July 26, 2019

MARIA MORA-VILLALPANDO, Plaintiff,
v.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Defendants.

          ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

          THE HONORABLE JAMES L. ROBART, U.S. DISTRICT COURT JUDGE

         I. INTRODUCTION

         Before the court are three motions: (1) Defendants U.S. Immigration and Customs Enforcement (“ICE”), U.S. Customs and Border Protection (“CBP”), and U.S. Citizenship and Immigration Services's (“USCIS”) (collectively, “Defendants”) motion for summary judgment (Def. MSJ (Dkt. # 35)); (2) Plaintiff Maria Mora-Villalpando's cross motion for summary judgment (Plf. MSJ (Dkt. # 39)); and (3) Defendants' motion to file a supplemental declaration (Def. Mot. (Dkt. # 49)). In addition, Defendants filed a surreply to the summary judgment motions asking the court to strike certain materials from Ms. Mora-Villalpando's reply memorandum. (See Surreply (Dkt. # 48); see also Plf. Reply (Dkt. # 46).) The court has considered the parties' motions and Defendants' surreply, all submissions filed in support of and in opposition to the motions and surreply, the relevant portions of the record, and the applicable law. Being fully advised, [1] the court (1) DENIES Defendants' request to strike portions of Ms. Mora-Villalpando's reply memorandum, (2) GRANTS Defendants' motion to file a supplemental declaration, (3) GRANTS in part and DENIES in part Defendants' motion for summary judgment, and (4) GRANTS in part and DENIES in part Ms. Villalpando's cross motion for summary judgment.

         II. BACKGROUND

         On December 20, 2017, Ms. Mora-Villalpando received a notice to appear in immigration court. (FAC (Dkt. # 16) ¶¶ 5, 38.) Her I-213 form, an official ICE document which sets forth the basis to support a person's alleged alienage and removability, notes that Ms. Mora-Villalpando has “extensive involvement with anti-ICE protests and Latino advocacy programs” and that she “has become a public figure.” (Id. ¶¶ 5, 39, Ex. 1.) Motivated by this discovery and pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, on February 23, 2018, Ms. Mora-Villalpando requested // documents from Defendants related to the possibility that ICE was targeting immigrants-rights activists. (See FAC ¶¶ 7, 42.)

         Ms. Mora-Villalpando's FOIA request consists of three parts. (Id. ¶ 42.) The first part sought documents related to her own case (“First Request”). (Id. ¶ 43.) Specifically, the First Request sought:

1. Any and all records of communication within federal agencies or between federal, state, and/or local agencies relating to enforcement operations, investigations, intelligence gathering, surveillance, and/or issuance of a Notice to Appear against or relating to any of the SORs, 24 including, but not limited to Field Operations Worksheets, significant incident reports, intelligence reports, Forms I-203, and records within all DHS [Department of Homeland Security] databases, including but not limited to the Deportable Alien Control System (DACS), Enforcement Integrated Database (EID), ENFORCE Alien Removal Module (EARM), and/or HSI databases such as the Significant Event Notification system (SEN), Investigative Case Management system (ICM), FALCON-SA, electronic records in the Enterprise Document Management System or the Electronic Immigration System, FBI records, DOJ, criminal records, national intelligence records, NVC records, DOS records, Coversheets and Worksheets (including CARRP, TRIG, FDNS, and others), and all other records on behalf of, by, for, or otherwise referencing the SORs.
2. Copy of all records referencing and related to each of the SORs.
3. Copy of entire Alien records (A-Files), Petitioner records, Beneficiary records, Temporary Files (T-Files), Receipt Files (R-Files), Work Files (W-Files).
4. Copy of records relating to the SOR's connected in any way to any apprehension of the SOR's by CBP or ICE or the FBI, detention of the SOR's by CBP or ICE or the FBI, expedited removal of the SOR's by CBP or ICE, records regarding inspection or examination of the SOR's upon arrival at a U.S. port of entry, and/or any records relating to any voluntary returns the SOR's by CBP.
5. Copy of all notes and memos and post-it notes, whether handwritten or electronic; emails, whether archived or stored in inboxes, junk folders, locally, remote, subfolders, or other storage locations; and all other written information and records regarding each of the SOR's.
6. Copy of all FDNS-DB records, FDNS records, JTTF records, TECS records, OBIM records, FDNS-DS records, ATLAS records and results, SGNs, manual referral records, fraud tip referral records, FISAR reports, ASVVP records, CLAIMS and CLAIMS 3 records, BCS records, MFAS records, SER ADJ records, FIRS records, biometrics records, iDSM records, FACE records, ITL records, NCIC records, NDIS records, N-DEx records, LEO records, Guardian and e-Guardian records, No. Fly records, TSC records, TRIP records, Consular Consolidated Database records, CI/HUMINT records, and all other electronic and paper information regarding each of the SOR's.
7. All Customer Relationship Management (CRM) and Customer Management Information System (CMIS) and similar records, including but not limited to the National Customer Service Center (NCSC) and local USCIS offices, InfoPass records, FBI Call Centers and Offices (local or international), CBP Call Centers including Headquarters and Office Call Centers, and other points of contact, regarding or by each of the SOR's.
8. All address records including but not limited to the Customer Relationship Interface Systems' (CRIS) Change of Address (CoA) component, AR-11's, AccurInt, and other record systems for any of each of the SOR's.
9. All other records and references to any SOR, including references to other agencies holding or withholding information about each of the SOR's.

(Id.)

         The second part of Ms. Mora-Villalpando's FOIA request sought documents related to ICE enforcement operations against other activists and individuals who speak out to the media (“Second Request”). (Id. ¶ 44.) Specifically, the Second Request sought:

Any and all records containing, describing, relating, or referring to guidance, guidelines, rules, policies, procedures, emails, trainings, press releases, public statements, summaries, post-investigation reports and any other instructions or directives, past or present, regarding enforcement operations undertaken against individuals who:
[1.] provide a public statement or statements to the media regarding their immigration status;
[2.] provide a public statement or statements to the media regarding immigration enforcement of family members;
[3.] are involved in “anti-ICE protests” and/or “immigrant rights” activism;
[4.] are involved in “Latino advocacy programs, ” “immigration advocacy, ” “activism, ” and/or “organizing.”

(Id.)

         The third part of Ms. Mora-Villalpando's FOIA request sought I-213 forms pertaining to other activists and individuals who speak out to the media (“Third Request”). (Id. ¶ 45.) Specifically, the Third Request sought:

         Copies of any I-213s, with identifying information redacted, where ICE has initiated enforcement action against an individual due to:

1. the individual's public statement or statements to the media regarding their immigration status;
2. the individual's involvement in “anti-ICE protests;” and/or “immigrant rights” activism; and/or
3. the individual's involvement in “Latino advocacy programs, ” “immigration advocacy, ” “activism, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.