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PW sues feds over immigrant hit-and-run
In response to the Prince William Board of County Supervisors’ directive to “seek all available redress against the Department of Homeland Security for violations of federal FOIA regulations,” the Prince William County Attorney’s Office filed a lawsuit in the U.S. District Court to compel Homeland Security to comply with the Freedom of Information Act. The civil suit is filed in the Alexandria Division of the Eastern District of Virginia.
As stated in the lawsuit, on November 16, 2010, the Board submitted a FOIA request to Homeland Security seeking:
a. The report of the results of Homeland Security’s investigation as to why Carlos Martinelly-Montano, an illegal immigrant with two drunk driving convictions, went almost two years without a deportation hearing;
b. The investigative file, along with any documents reviewed in the course of the investigation into why Carlos Martinelly-Montano went almost two years without a deportation hearing; and
c. All documents concerning or memorializing any Homeland Security contacts with Martinelly-Montano.
On November 22, 2010, the Board received from Defendant a letter dated November 18, 2010 stating that the Board’s request had been received, had been assigned case number 2011FOIA2080 and that Homeland Security/ICE was processing the request.
“When a man is turned over to ICE as a known illegal alien with two drunk driving convictions, is then allowed to spend nearly two years without a deportation hearing, and during that time goes out drinking and driving again this time killing a nun here in Prince William County, we have every right to know how this could have happened,” said BOCS Chairman Corey Stewart. “All the Board is asking is for them to disclose, as legally required, what happened so we can better determine whether there is anything we could do better to assure the safety of our community.”
As required by law, Homeland Security was required to respond by January 3, 2011 (30 working days from the date of the FOIA request). Despite numerous calls, informal conversations with Homeland Security, and promises from Homeland Security that information would be provided, to date, they have failed to produce any records responsive to the request or demonstrate that responsive records are exempt from productions.
Therefore, the County Attorney’s Office on behalf of the Prince William Board of County Supervisors has filed a suit to request the Court:
a. Enjoin Homeland Security from unlawfully withholding non-exempt agency records responsive to the Board’s November 16, 2010, FOIA request;
b. Order Homeland Security to produce, by date certain, any and all non-exempt records responsive to the Board’s November 16, 2010 FOIA request and a Vaughn index of any responsive records withheld under claim of exemption;
c. Grant the Board an award of attorney’s fees and other litigation costs reasonably incurred in this action; and
d. Grant any such other relief as the Court deems just and proper to attain the ends of justice.
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