Julian Sanchez Mora, et al., v. U.S. Customs and Border Protection and U.S. Department of Homeland Security, No. 3:24-cv-02430 (N.D. Cal., filed Apr. 24, 2024) and No. 1:24-cv-03136 (D.D.C., docketed Nov. 5, 2024)

Three immigration attorneys and two individual plaintiffs are suing U.S. Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) for failing to make a determination on each plaintiff’s Freedom of Information Act (FOIA) request with the 20 or, at most, 30 business days mandated by FOIA. Two plaintiffs had FOIA requests pending for over a year and a half at the time the complaint was filed. Because CBP engages in a nationwide pattern and practice of failing to make a determination on individual FOIA requests within the statutory timeframe, plaintiffs seek to represent a nationwide class of similarly situated FOIA requestors who must wait for prolonged periods for determinations on their requests.

In addition to class certification, plaintiffs seek declaratory and injunctive relief ordering CBP to respond to FOIA requests for an individual’s records that have been pending for more than 30 business days without a determination and ordering CBP to make timely determinations as required by FOIA. Significant delays in FOIA productions often mean that immigrants and their attorneys are unable to know crucial information for immigration cases, such as when the individual traveled, if the individual was subject to any inspections, if the individual was ever deported, or any other meaningful action that could impact their ability to make an effective defense and to apply for status.

On July 15, 2024, defendants filed a motion to transfer or dismiss the case, arguing lack of jurisdiction and improper venue in the Northern District of California. Plaintiffs filed an amended complaint on August 2 clarifying why jurisdiction and venue in that district were proper. However, on November 4, 2024, the court granted defendants’ motion, dismissing plaintiffs’ FOIA claim against DHS and transferring the case to the District Court for the District of Columbia. Plaintiffs filed a motion to reconsider the dismissal of the FOIA claim against Defendant DHS on January 31, which was granted by the D.C. District Court on June 18, 2025, and the FOIA claim reinstated.

On September 12, 2025, plaintiffs filed a motion for class certification in the D.C. District Court. Defendants oppose the motion and have requested extensions of time to answer.

Documents:

• Complaint
• Motion for Class Certification
• Motion to Transfer or Dismiss
• Amended Complaint
• Revised Motion to Transfer or Dismiss First Amended Complaint
• Plaintiffs’ Opposition to Defendants’ Motion to Transfer or Dismiss
• Defendants’ Reply in Support of Motion to Transfer or Dismiss
• Defendants’ Opposition to Motion for Class Certification
• Order Granting Motion to Dismiss in Part and Transferring Case
• Plaintiffs’ Motion to Reconsider Dismissal of FOIA Claim
• Defendants’ Opposition to Motion to Reconsider
• Plaintiffs’ Reply in Support of Motion to Reconsider
• Order Granting Motion for Reconsideration

Counsel:

National Immigration Litigation Alliance ǀ Northwest Immigrant Rights Project ǀ Van Der Hout LLP

Contact: Matt Adams ǀ Northwest Immigrant Rights Project ǀ matt@nwirp.org