Brown
Brown v. U.S. Customs & Border Protection
Opinion
Lead Opinion
Donato, J.
ORDER DENYING MOTION TO DISMISS
Plaintiffs submitted Freedom of Information Act (“FOIA”) requests to defendants United States Customs and Border Protection and Department of Homeland Security (together, “CBP”) that have gone unanswered far beyond the deadline Congress mandated. They allege a single claim in this putative class action: CBP has violated FOIA by engaging in a pattern and practice of failing to respond to FOIA requests within the statutory time-line. Dkt. No. 22. Defendants move to dismiss the complaint for failure to state a claim and for lack of standing. Dkt. No. 26. The Court denies the motion.
BACKGROUND
As alleged in the complaint, CBP is responsible for generating and maintaining records about individuals seeking entry *1171 into the United States. First Amended Complaint, Dkt. No. 22 at ¶¶ 30, 43-46. It has the authority to admit or exclude individuals, parole noncitizens into the US, and issue expedited removal orders or permit them to withdraw applications for admission. Id. at ¶ 30. CBP’s records are critical to noncitizens and their attorneys in evaluating immigration options and the possibility of remaining legally in the United States. Id. at ¶¶ 7,…