UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANGELIKA ALBALADEJO, : : Plaintiff, : Civil Action No.: 19-3806 (RC) : v. : Re Document Nos.: 8, 10 : IMMIGRATION AND CUSTOMS : ENFORCEMENT, : : Defendant. : MEMORANDUM OPINION DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION In this case brought under the Freedom of Information Act (“FOIA”), Plaintiff, a California-based investigative journalist, seeks documents from Immigration and Customs Enforcement (“ICE”) regarding air transportation of noncitizen detainees with certain medical conditions. Based on Plaintiff’s research, she believes that ICE Air Operations (“IAO”), the division responsible for transporting detainees by air, possesses air travel authorization documents and medical summaries for detainees with medical considerations such as psychological conditions or pregnancy. Plaintiff submitted a FOIA request for any medical documents related to authorizations to air transfer detainees who may have special medical needs. ICE conducted a search for responsive documents and determined that searching the agency’s medical record system, which likely does contain responsive documents, would be unduly burdensome and that no responsive records exist in any other location. Consequently, ICE has not provided any documents to Plaintiff. The parties have both moved for summary judgment based on the adequacy of ICE’s search for responsive records. For the reasons set forth below, the Court finds that ICE has not yet justified the adequacy of its search for responsive documents. The Court, therefore, denies the motions for summary judgment and directs ICE to reassess its search for responsive records. II. BACKGROUND A. Plaintiff’s FOIA Request Plaintiff is an independent investigative journalist currently focusing on immigration enforcement. Compl. ¶ 1–3, ECF No. 1. Based on her review of an internal agency policy guide, the ICE Air Operations Handbook, see Def.’s Mot. Summ. J. Ex. 5 (“IAO Handbook”), ECF No. 8-5, she learned that “medical providers must provide clearance for air travel for detainees with medical considerations . . . [and that] these considerations and clearances must be annotated on a medical summary,” Compl. ¶ 16. Plaintiff submitted the following request for documents: All U.S. Immigration and Customs Enforcement (ICE) medical summaries (or equivalent medical forms) for individuals transported between 2003 and the present by the ICE Air Operations (IAO) division of the Office of Enforcement and Removal Operations (ERO). These medical forms include the ICE Medical Summary, Medical/Mental Health Transfer Summary and Medical Summary of Alien in Transfer, as well as written statements from ICE-contracted physicians or officials authorizing travel by aircraft. The medical summaries are completed by ICE Health Services Corps (IHSC) officials, Flight Medical Providers, Flight Nurses and Flight Officers in Charge/Deportation Officers. Fuentes Decl. Ex. A, ECF No. 8-1. In response, ICE informed Plaintiff that her request was too broad in scope and suggested that she narrow it. See Fuentes Decl. Ex. B. Plaintiff then submitted a revised and narrowed request for documents: All U.S. Immigration and Customs Enforcement (ICE) medical summaries—or equivalent forms, such as the Medical/Mental Health Transfer Summary, Medical Summary of ...
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