Mayock

OPINION AND ORDER

Plaintiff James R. Mayock is an immigration attorney. He originally filed this suit to require the Immigration and Naturalization Service (“INS”) to comply with certain Freedom of Information Act, 5 U.S.C. § 552 , (FOIA) requests which he made on behalf of clients. Many of the clients were involved in deportation or exclusion proceedings and were faced with immediate deportation. Plaintiff requested a permanent injunction: (1) requiring the INS to release certain requested FOIA informa tion, (2) staying deportation or exclusion proceedings pending compliance with FOIA requests, and (3) requiring the INS to comply with the FOIA requests within the 10-day period provided by statute.

In earlier proceedings in this case, the specific FOIA requests were resolved by the parties and by the court. This case has become a “pattern and practice” case. That is, plaintiff contends that the INS has a pattern and practice of failing to produce certain categories of FOIA information, and of failing to comply with FOIA requests within the statutory 10-day period. Plaintiff claims that this pattern and practice deprives his clients and other aliens of information necessary to…