63 Plaintiffs Requests also sought a waiver of applicable fees under 5 USC

63 plaintiffs requests also sought a waiver of

This preview shows page 39 - 43 out of 46 pages.

63. Plaintiffs’ Requests also sought a waiver of applicable fees under 5 U.S.C. § 552(a)(4)(A) and 8 C.F.R. § 5.11(k). V. Agency Responses 64. No Defendant timely responded to the substance of Plaintiffs’ Requests. 65. Plaintiffs confirmed delivery of their Request to ICE on February 4, 2010, but ICE did not acknowledge receiving Plaintiffs’ Request until February 19, 2003. ICE denied Plaintiffs’ fee waiver and expedite requests in a letter dated February 23, 2010 and received by Plaintiffs on March 9, 2010. Plaintiffs appealed this denial on March 15, 2010, and ICE has not issued a decision on the appeal. ICE has issued no substantive response to the request. 66. Plaintiffs have constructively exhausted administrative remedies against ICE. 67. Plaintiffs confirmed delivery of their Request to DHS on February 4, 2010, but DHS did not acknowledge receiving Plaintiffs’ Request until February 12, 2010. DHS denied Plaintiffs’ fee waiver and expedite requests in a letter dated March 5, 2010 and received by Plaintiffs on March 9, 2010. Plaintiffs appealed this denial on March 15, 2010 and DHS has not issued a decision on the appeal. DHS has issued no substantive response to the request.
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68. Plaintiffs have constructively exhausted administrative remedies against DHS. 69. Plaintiffs confirmed delivery of their Request to EOIR on February 4, 2010, but EOIR did not acknowledge receiving Plaintiffs’ Request until February 19, 2010. Plaintiffs have received no further information from EOIR. 70. Plaintiffs have constructively exhausted administrative remedies against EOIR. 71. Plaintiffs confirmed delivery of their Request to the FBI, and the FBI acknowledged receiving Plaintiff’s Request, on February 4, 2010. The FBI granted Plaintiffs expedited processing in a letter dated March 2, 2010. The FBI denied Plaintiffs’ fee waiver request in a letter dated March 9, 2010. Plaintiffs appealed the fee waiver denial on March 15, 2010. Plaintiffs confirmed delivery of the appeal to the FBI on March 16, 2010. The FBI acknowledged receipt of the fee waiver appeal in a letter dated April 2, 2010. The FBI has not issued a decision on this appeal. The FBI has issued no substantive response to the request. 72. Plaintiffs have constructively exhausted administrative remedies against the FBI. 73. Plaintiffs confirmed delivery of their Request to OLC on February 4, 2010. OLC acknowledged receiving Plaintiffs’ Request in a letter dated April 16, 2010. OLC also denied Plaintiffs’ expedite request in the letter dated April 16, 2010. Plaintiffs appealed the denial of expedited processing on April 21, 2010, and OLC has not issued a decision on the appeal. OLC has issued no substantive response to the request. 74. Plaintiffs have constructively exhausted administrative remedies against OLC. 22
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75. The statutory time limit for the agencies’ compliance pursuant to FOIA, 5 U.S.C. § 552(a)(6)(A), is twenty days from the date on which the Defendants received Plaintiffs’ Requests.
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