Filed Date: July 31, 1985
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In 1985, James R. Mayock, an immigration attorney, filed suit in the United States District Court for the Northern District of California to compel the Immigration and Naturalization Service ("INS") to comply with certain Freedom of Information Act, 5 U.S.C. § 552, (FOIA) requests which he made on behalf of clients. After the specific FOIA requests of Mayock's clients were resolved by the parties and the Court, Mayock pursued the case in his own name, asserting that the INS had engaged in a pattern and practice of failing to comply with FOIA requests within the statutory 10-day period, thereby depriving aliens of information necessary to enable them to contest deportation proceedings. Mayock moved for summary judgment and injunctive relief. The INS responded with a cross-motion for summary judgment.
The District Court (Judge Charles A. Legge) granted summary judgment in favor of Mayock and issued an order of injunctive relief. Mayock v. I.N.S., 714 F.Supp. 1558 (N.D.Cal. 1989). The INS appealed. In a separate order, Judge Legge denied Mayock attorney's fees for the time his client represented himself pro se, but awarded the firm that subsequently represented him fees in the amount of $158,372 and cost of $9,598.03. Mayock v. I.N.S., 736 F.Supp. 1561 (N.D.Cal. 1990).
The Ninth Circuit Court of Appeals (Circuit Judge Beezer) reversed and remanded the District Court judgment and injunction, finding that fact issues existed which precluded summary judgment, including whether an increasing workload at INS offices created "exceptional circumstances" for its failure to timely respond to FOIA requests and whether INS demonstrated "due diligence" in responding to the requests. Mayock v. Nelson, 938 F.2d 1006 (9th Cir. 1991).
As there is no PACER docket available and no subsequent published opinions, we do not know how the case proceeded after remand.
Summary Authors
Dan Dalton (12/3/2007)
Beezer, Robert R. (Washington)
Brunetti, Melvin T. (Nevada)
Hug, Procter Ralph Jr. (Nevada)
Casente, Salvador A (California)
Bondy, Thomas M. (District of Columbia)
Beezer, Robert R. (Washington)
Brunetti, Melvin T. (Nevada)
Hug, Procter Ralph Jr. (Nevada)
Legge, Charles A. (California)
Last updated March 22, 2024, 3:09 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Key Dates
Filing Date: July 31, 1985
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Immigration attorney who sought FOIA requests from the INS
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Immigration & Naturalization Service, Federal
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Unknown
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Immigration/Border: