James R. Mayock v. Alan C. Nelson United States Immigration and Naturalization Service David N. Ilchert, District Director

In this Freedom of Information Act (FOIA) case, the government appeals the district court’s grant of summary judgment and injunctive relief. The court ordered the San Francisco District Office of the Immigration & Naturalization Service (INS) to respond to aliens’ FOIA requests within statutory time-limits and ordered the INS (nationally) to give due consideration for priority to requests by aliens who have an urgent need for the information in pending deportation or exclusion proceedings.

The district court had jurisdiction under 5 U.S.C. § 552 (a)(4)(B). This court has jurisdiction under 28 U.S.C. § 1291 . Because material facts remain in dispute, we reverse.

I

James R. Mayock, an immigration attorney, originally brought suit on behalf of aliens he represented. The issues regarding those plaintiffs were resolved; Mayock then proceeded on his own behalf. He alleged the INS has a pattern and practice of (1) failing to produce certain categories of FOIA information and (2) failing to comply with FOIA requests within the statutory, ten-day period. Mayock claimed that this pattern and practice deprives his clients of information necessary to enable them to resist deportation…