UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) FOAD FARAHI, ) ) Plaintiff, ) ) v. ) ) Civil Action No. 15-2122 (RBW) FEDERAL BUREAU OF ) INVESTIGATION, ) ) Defendant. ) ) MEMORANDUM OPINION The plaintiff, Foad Farahi, brings this civil action against the defendant, the Federal Bureau of Investigation (“FBI”), pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, seeking the release of records related to a memorandum written by the defendant that was introduced during the plaintiff’s immigration removal proceedings. See Complaint for Injunctive Relief ¶¶ 1, 5, 8–13, ECF No. 1. Currently pending before the Court is the defendant’s motion for summary judgment. See Defendant’s Motion for [ ] Summary Judgment (“Def.’s Mot.”), ECF No. 37. Upon careful consideration of the parties’ submissions, 1 the Court concludes for the following reasons that it must deny the defendant’s motion for summary judgment without prejudice. 1 In addition to the filings already identified, the Court considered the following submissions in rendering its decision: (1) the defendant’s Answer (“Answer”), ECF No. 9; (2) the Memorandum of Points and Authorities in Support of Defendant’s Motion for Summary Judgment (“Def.’s Mem.”), ECF No. 37-1; (3) the Defendant’s Statement of Material Facts (“Def.’s Facts”), ECF No. 37-2; (4) the Declaration of David M. Hardy (“Hardy Decl.”), ECF No. 37-3; (4) the Plaintiff’s Memorandum of Points and Authorities in Opposition to Defendant’s Motion for Summary Judgment (“Pl.’s Opp’n”), ECF No. 39; (5) the Reply to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment (“Def.’s Reply”), ECF No. 41; (6) the Plaintiff’s Reply in Opposition (“Pl.’s Surreply”), ECF No. 43; and (7) the sealed Declaration of David M. Hardy and attached exhibits, which are classified and were thus submitted ex parte to the Court for its in camera review, see Defendant’s Motion for Leave to Submit Declaration Under Seal and Ex Parte, In Camera, in Support [of] Defendant’s Motion for Summary Judgment at 1, ECF No. 36. I. BACKGROUND A. Factual Background This case concerns ten FOIA requests submitted by the plaintiff to the defendant on June 28, 2014, see Def.’s Facts ¶ 2, 2 seeking records related to his “immigration removal proceedings[,]” id. at 1. Specifically, the plaintiff seeks: The name, title, current deployment jurisdiction, and current contact information of the author or authors of a 2007 [ ] [m]emo[random (“the 2007 Memo”) from the defendant] purportedly about him and the agent/polygrapher who examined [him] on November 8, 2004, and November 1, 2004. Any and all [ ] FD-302 interview reports[ from the defendant], and FD-209 reports regarding [him], any person discussed in any document that has been or will be presented to the immigration court, or any person that will be discussed in the proposed testimony by Supervisory Special Agent Andrew Lenzen (“Special Agent Lenzen”), and/or any other special agents during the course of his removal proceedings. The full and complete names and contact information, including, current address and phone numbers of all the confidential informants referred …
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