Navigating the FOIA Process with CBP - Recording (.MP3)

Navigating the FOIA Process with CBP - Recording (.MP3)

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Recorded 3/14/2017
CLE Eligible Yes
Length 90 min.
Format MP3
SKU AS2017-03-14-DL

In the nationwide class action lawsuit Brown v. CBP, several AILA members and their clients sued U.S. Customs and Border Protection (CBP) over its extensive delays in processing Freedom of Information Act (FOIA) requests. While the lawsuit was pending, CBP resolved its extensive backlog of FOIA requests and restructured its process for handling future requests. However, a timely FOIA response is not necessarily a complete response. The panelists will discuss the settlement in Brown, CBP’s new process for handling FOIA requests, and strategies for responding if CBP fails to fully respond to a FOIA request or to respond in a timely manner, including administrative appeals and federal court action.

Featured Topics

  • Overview of Brown v. CBP and the Settlement
  • How Does CBP Currently Process a FOIA Request?
  • How to Monitor CBP’s Progress with Respect to Both Individual FOIA Requests and Overall Processing Times
  • Delayed or Incomplete Responses: How to File an Administrative Appeal
  • Overview of Federal Court Challenge to a Delayed or Incomplete Response

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Mary Kenney (DL), American Immigration Council Senior Staff Attorney, Washington, DC
Mary Kenney is a senior attorney with the American Immigration Council. Mary has litigated cases in federal courts of appeals and districts courts around the country, as well as before the BIA. Prior to joining the Council, she was the executive director for the Texas Lawyers’ Committee for Civil Rights, a statewide immigrant and refugee rights project. She also worked as a legal services attorney in West Virginia.

Megan Brewer, Los Angeles, CA
Megan Brewer joined the Law Offices of Stacy Tolchin in March of 2015. Before joining the Law Offices of Stacy Tolchin, Ms. Brewer served as an Asylum Officer with the United States Citizenship and Immigration Services (USCIS) in Anaheim, CA, where she adjudicated Asylum and NACARA applications and interviewed applicants for Credible Fear and Reasonable Fear. Prior to working at the Asylum Office, Ms. Brewer was an attorney with a private immigration firm in Pasadena, CA. Ms. Brewer is a 2009 graduate of the UCLA School of Law with an emphasis in Critical Race Studies.

Trina Realmuto, Boston, MA
Trina Realmuto is the Litigation Director at the National Immigration Project of the National Lawyers Guild. Her work primarily focuses on federal court litigation related to systemic challenges, removal defense, and government accountability. Previously, Trina worked as an attorney consultant to the American Immigration Council and as an associate attorney at Van Der Hout, Brigagliano & Nightingale. In 2015, AILA awarded her the Jack Wasserman Memorial Award for Excellence in Litigation. She also is one of the counsel in Brown v. CBP, No. 3:15-cv-01181-JD (N.D.Ca.), a case challenging CBP’s failure to timely respond to FOIA requests.

The speaker's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided in the written materials are based on the speaker's experiences and current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and the speaker's experiences may differ from your own.