Parker v. United States Immigration and Customs Enforcement
238 F. Supp. 3d 89
D.D.C.2017Background
- Parker submitted a FOIA request to ICE for records (1998–2006) relating to a prior ICE criminal investigation of him; ICE searched ERO and HSI systems (TECS) and produced 60 pages, withholding portions under FOIA exemptions.
- After administrative appeal, ICE conducted supplemental searches, including a manual file-cabinet search in the Little Rock field office (Agent Sanders) that produced 129 pages; some material was withheld under Exemptions 6, 7(C), and 7(E).
- ICE also searched Agent Sanders’s personal Outlook archives (no responsive emails found) and asserted that Agent Mensinger’s older emails, if any, reside on legacy backup tapes that ICE cannot read without obsolete hardware/software.
- Parker sued, arguing the search was inadequate because ICE produced no ICE–FBI communications and did not properly search agents’ emails; he did not challenge the substantive withholdings.
- The court reviewed ICE’s Vaughn index and declarations, granted summary judgment for ICE as to Exemption 7(C) and 7(E) withholdings and segregability, but denied summary judgment as to the adequacy of certain email searches and directed ICE to supply more detailed declarations about its electronic searches and backup systems.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of search for ICE–FBI communications | Parker contends communications must exist (agents worked with FBI), so ICE’s search was inadequate | ICE provided detailed searches of likely systems (TECS, paper files); absence of records is not proof of inadequate search | Court rejected Parker’s speculative claim; absence of found FBI communications does not by itself show inadequacy |
| Adequacy of search of Agent Sanders’s emails | Sanders’s Outlook archives should have been searched with disclosed methods/terms; Parker disputes ICE’s shifting descriptions | ICE says Sanders searched his personal Outlook archives and found nothing responsive | Court found ICE’s declarations insufficiently detailed about the electronic search methods/search terms for Sanders’s email; summary judgment denied on this point |
| Search and accessibility of Agent Mensinger’s emails on backup tapes | Parker argues ICE must identify and explain backup systems and any attempts to search them | ICE says Mensinger is a former employee and relevant pre-2008 emails would be on legacy backup tapes that ICE cannot read due to obsolete systems | Court accepted that inaccessibility may be legitimate but ordered ICE to provide a detailed IT affidavit describing backup tapes and practical obstacles to searching them; summary judgment denied pending that detail |
| Withholdings under FOIA Exemptions 7(C) and 7(E) and segregability | Parker did not challenge the exemptions substantively | ICE invoked privacy and law-enforcement-sensitivity justifications and provided a Vaughn index and declarations | Court granted summary judgment to ICE on Exemption 7(C) (privacy) and Exemption 7(E) (sensitive codes), and found ICE met segregability obligations (no dispute) |
Key Cases Cited
- Weisberg v. U.S. Dep’t of Justice, 627 F.2d 365 (D.C. Cir.) (agency must prove each responsive document produced or exempt)
- Anderson v. Liberty Lobby, 477 U.S. 242 (Sup. Ct.) (summary judgment standard)
- Scott v. Harris, 550 U.S. 372 (Sup. Ct.) (genuine dispute standard for summary judgment)
- Oglesby v. U.S. Dep’t of the Army, 920 F.2d 57 (D.C. Cir.) (agency must provide reasonably detailed affidavit of search)
- Morley v. CIA, 508 F.3d 1108 (D.C. Cir.) (search must be reasonably calculated to uncover relevant documents)
- Baker & Hostetler LLP v. U.S. Dep’t of Commerce, 473 F.3d 312 (D.C. Cir.) (speculation about missing records insufficient to show inadequate search)
- Ancient Coin Collectors Guild v. U.S. Dep’t of State, 641 F.3d 504 (D.C. Cir.) (agency must state whether backup tapes exist and whether practical obstacles to searching them exist)
- SafeCard Servs., Inc. v. S.E.C., 926 F.2d 1197 (D.C. Cir.) (Exemption 7(C) private-persons rule)
- Favish v. U.S. Dep’t of Justice, 541 U.S. 157 (Sup. Ct.) (public interest requirement to overcome privacy exemptions)