UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FLETA CHRISTINA C. SABRA, Plaintiff, v. Civil Action No. 20-681 (CKK) UNITED STATES CUSTOMS AND BORDER PROTECTION, Defendant. MEMORANDUM OPINION (March 14, 2022) This lawsuit arises from a Freedom of Information Act (“FOIA”) request made by Plaintiff Fleta Christina C. Sabra (“Plaintiff”) to Defendant United States Customs and Border Protection (“CBP” or “Defendant”). Plaintiff sought records regarding an encounter with CBP agents at a port of entry in California in September 2015 and CBP’s subsequent investigation thereof. Before the Court is Defendant’s [24] Motion for Summary Judgment. Plaintiff opposes Defendant’s motion, but has not filed a cross-motion for summary judgment. Upon review of the pleadings, 1 the relevant legal authorities, and the record as a whole, the Court concludes that CBP has not satisfied its burden of demonstrating that it has conducted an adequate search for records responsive to Plaintiff’s FOIA request. Accordingly, the Court shall DENY without prejudice Defendant’s Motion for Summary Judgment and shall require CBP to provide additional information about its search or conduct additional searches. In order to avoid piecemeal litigation, the Court does not address the remaining issues raised in Defendant’s motion. 1 The Court’s consideration has focused on the following: Defendant’s Motion for Summary Judgment (“Def.’s Mot.”), ECF No. 24; Plaintiff’s Response in Opposition to Defendant’s Motion for Summary Judgment (“Pl.’s Opp’n”), ECF No. 28; and Defendant’s Reply Memorandum in Support of Defendant’s Motion for Summary Judgment (“Def.’s Reply”), ECF No. 29. In an exercise of its discretion, the Court finds that holding oral argument in this action would not be of assistance in rendering a decision. See LCvR 7(f). 1 I. BACKGROUND Plaintiff alleges that on September 11, 2015, she was unlawfully detained and physically assaulted by CBP agents at the Otay Mesa or San Ysidro port of entry in Southern California. Compl. ¶¶ 2–3, ECF No. 1. On May 5, 2017, Plaintiff submitted to Defendant a FOIA request seeking: All agency records, including, but not limited to, video, database entries, photographs, communications (including emails, letters, faxes, phone logs, and text messages), memoranda, investigative reports, and other things relating to the encounter between [Plaintiff] and U.S. Customs and Border Protection officials on or about September 11, 2015 [or] September 12, 2015 at the Otay Mesa OR San Isidro ports-of-entry. Please search specifically for use of force reports, internal affairs complaints and responses, internal investigations, professional responsibility investigations and interviews, video and photographic evidence gathered in response to [Plaintiff’s] complaints, and all other records in the possession, custody, or control of CBP. . . [Plaintiff] filed a complaint with [the Department of Homeland Security’s Office for Civil Rights and Civil Liberties] on September 23, 2015, and was interviewed by officials she believes worked for CBP regarding that complaint on or about December 21, 2015 in North Carolina. Id. ¶ 75. Plaintiff requested expedited processing of her FOIA request, id. ¶ 9, which CBP denied, see Pl.’s 6/9/20 Status Rep. at 5, ECF No. 9. 2 …
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