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Rojas-Vega v. USCIS, No. 13-CV-172-LAB, 2013 WL 2417937 (S.D. Cal. May 31, 2013) (Burns, J.)
May 31st, 2013 Posted by

Re: Request for state court transcript, notes and memos related to that case, and names and titles of INS officials involved

Disposition: Dismissing plaintiff’s claims without prejudice

  • Agency Records: Noting that “[d]ocuments are ‘agency records’ if they are (1) generated or obtained by the agency, and (2) within the agency’s possession through the legitimate function of official duties,” the court holds that plaintiff has not sufficiently demonstrated that agency records have been withheld from him.  Plaintiff “alleges no facts giving rise to a plausible claim that USCIS obtained the state court transcripts, or maintained them in the legitimate conduct of official business.”  Further, with regard to plaintiff’s request for the “names and titles of individuals involved in the previous state court proceeding,” the court holds that the “FOIA does not allow for requests for information in the abstract.”
  • Proper Party Defendant: The court holds that plaintiff “cannot maintain a FOIA claim against the Director of ICE . . . because FOIA does not apply to individuals.”
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