356 F. Supp. 3d 917
N.D. Cal.2018Background
- Plaintiff Ariel Cervantes Anguiano sought 12 categories of ICE records under FOIA to support a suppression motion in ongoing immigration removal proceedings.
- Parties filed cross-motions for summary judgment; the magistrate judge previously found ICE's search deficient in some respects and ordered supplemental declarations and in camera review of certain documents.
- ICE submitted a second supplemental declaration identifying complete search terms, described search procedures, and agreed to additional email searches for communications with the San Francisco Police Department relating to Request 12.
- The court performed in camera review of disputed redactions and declined to resolve some exemptions without that review.
- ICE invoked FOIA Exemptions 5, 6, 7(C), and 7(E) over various materials; the court previously sustained Exemptions 6 and 7(C) for employee identities and Exemption 7(E) for the Fugitive Operations Handbook.
- After supplemental submissions and in camera review, the court resolved remaining disputes: search adequacy and Exemption 7(E) applications for specific documents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of ICE's search under FOIA | Plaintiff contended ICE narrowed scope and used overly restrictive/insufficient search terms and failed to search for Request 12 communications | ICE argued searches were reasonably calculated, officers used appropriate terms based on file practices, Training Division would house training records, and agreed to additional targeted email searches | Court: ICE's search was reasonable overall; summary judgment for ICE on search adequacy |
| Completeness and disclosure of search terms | Plaintiff argued ICE failed to disclose all search terms so adequacy could not be assessed | ICE produced complete list in supplemental declaration and explained officers used terms tailored to their files | Court: disclosure remedied issue; search-term practice reasonable |
| Adequacy of search for Request 12 (SFPD communications) | Plaintiff argued ICE failed to search for communications between ICE and SFPD about officers identifying as police | ICE limited initial search to six officers but agreed after meet-and-confer to search senior SF Field Office emails using "@sfgov.org" and to finish by Jan 4, 2019 | Court: supplemental search plan satisfactory; ICE to complete search; overall search adequate |
| Exemption 7(E) re: DOJ Handbook chapter | Plaintiff argued ICE offered insufficient detail to justify withholding; chapter contained only general tactic info | ICE asserted redacted text described a non-public undercover technique/guideline whose disclosure could aid fugitives | Court: ICE failed to demonstrate logical risk of circumvention; withheld portion not justified—summary judgment for plaintiff on this portion |
| Exemption 7(E) re: ERO Training and Fourth Amendment refresher | Plaintiff argued redactions were unsupported/general | ICE asserted redactions contained detailed non-public techniques, step-by-step procedures, and database use that risk circumvention | Court: in camera review showed detailed techniques and deployment information; Exemption 7(E) properly invoked—summary judgment for ICE on these materials |
Key Cases Cited
- Hamdan v. U.S. Dep't of Justice, 797 F.3d 759 (9th Cir.) (search must be reasonably calculated to locate responsive records)
- Zemansky v. U.S. E.P.A., 767 F.2d 569 (9th Cir.) (agency may rely on reasonably detailed, nonconclusory affidavits)
- Lahr v. NTSB, 569 F.3d 964 (9th Cir.) (adequacy of search judged by reasonableness, not existence of other documents)
- American Civil Liberties Union of Northern California v. U.S. Dep't of Justice, 880 F.3d 473 (9th Cir.) (distinction between guidelines and techniques in Exemption 7(E))
- Blackwell v. F.B.I., 646 F.3d 37 (D.C. Cir.) (agency must show logically how disclosure could risk circumvention)
- Rosenfeld v. U.S. Dep't of Justice, 57 F.3d 803 (9th Cir.) (investigative techniques exempt only if not generally known)
- People for the American Way Found. v. Nat'l Park Serv., 503 F. Supp. 2d 284 (D.D.C.) (agency should provide search terms used so requester can evaluate adequacy)
- Liberation Newspaper v. U.S. Dep't of State, 80 F. Supp. 3d 137 (D.D.C.) (court should not micromanage agency searches when terms are reasonably calculated)
- Yonemoto v. Dep't of Veterans Affairs, 686 F.3d 681 (9th Cir.) (agency must disclose all reasonably segregable portions)
- Pacific Fisheries, Inc. v. United States, 539 F.3d 1143 (9th Cir.) (agency bears burden to prove segregability)