Hajro et al v. United States Citizenship and Immigration Services et al

Filing 87

ORDER OF PERMANENT INJUNCTION re 77 Order. Signed by Judge Paul S. Grewal on May 4, 2012. (psglc1, COURT STAFF) (Filed on 5/7/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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Plaintiffs,
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v.
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UNITED STATES CITIZENSHIP AND
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IMMIGRATION SERVICES; T. DIANE
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CEJKA, Director, USCIS National Records
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Center; ROSEMARY MELVILLE, USCIS
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District Director of San Francisco; JANET
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NAPOLITANO, Secretary, Department of
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Homeland Security; ERIC HOLDER, Attorney )
General, Department of Justice,
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Defendants.
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MIRSAD HAJRO, JAMES R. MAYOCK,

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Case No.: 08-1350-PSG
ORDER OF PERMANENT
INJUNCTION

(Re: Docket No. 77)

Having determined Defendant United States Citizenship and Immigration Services
(“USCIS”) to be in violation of certain provisions of the Freedom of Information Act (“FOIA”) for

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the reasons set forth in the court’s order of October 13, 2011 on cross-motions for summary
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judgment,1 including FOIA’s timing provisions as set forth in 5 U.S.C. ' 552(a)(6),the court hereby
orders that:

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See Docket No. 77 (Amended Order Granting In Part and Denying In Part Motions for Summary
Judgment) (“summary judgment order”).
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Case No.: 08-1350
ORDER OF PERMANENT INJUNCTION

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1) USCIS shall comply with the requirements set forth in 5 U.S.C. ' 552(a)(6)(A) and (B).
a) USCIS shall provide a copy of a requestor’s alien registration file within the twentybusiness-day time limit mandated by 5 U.S.C. ' 552(a)(6)(A)(i).

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United States District Court
For the Northern District of California

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b) USCIS shall make a determination with respect to any FOIA appeal within the
twenty-business-day time limit mandated by 5 U.S.C. ' 552(a)(6)(A)(ii).
c) USCIS shall issue the written notice mandated by 5 U.S.C. ' 552(a)(6)(B) to a
requestor if an extension of an additional ten business days is needed due to
“unusual circumstances.” This written notice must set forth the unusual
circumstances, as defined in 5 U.S.C. ' 552(a)(6)(B)(iii) for such extension and
setting a new response date. The final response date shall be within 30 business days
of the original request date.
2) USCIS shall follow, implement, and execute the terms of the 1992 Mayock Settlement
Agreement.
3) This injunction takes effect immediately, without prejudice to the government’s right to
pursue a stay pending appeal.
4) USCIS shall issue a written notice to the USCIS National Records Center describing the
terms of this permanent injunction and instructing the National Records Center regarding
compliance with the terms of this injunction.
IT IS SO ORDERED.

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Dated: May 4, 2012
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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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Case No.: 08-1350
ORDER OF PERMANENT INJUNCTION