Cui v. Fed. Bureau of Investigation

• Decision Date: 26 July 2021
• Docket Number: 19-CV-2904 (MKB)
• Citation: 551 F.Supp.3d 4
• Parties: Jizi CUI, Shoumei Kan, and Fengzhe Jin, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATION, Defendant.
• Court: U.S. District Court — Eastern District of New York

551 F.Supp.3d 4

Jizi CUI, Shoumei Kan, and Fengzhe Jin, Plaintiffs,

v.FEDERAL BUREAU OF INVESTIGATION, Defendant.

19-CV-2904 (MKB)

United States District Court, E.D. New York.

Signed July 26, 2021

Daniel Walter Worontzoff, The Worontzoff Law Office, PLLC, Flushing, NY, for Plaintiffs.

Kathleen Anne Mahoney, Melanie Mary Speight, United States Attorney's Office, Brooklyn, NY, for Defendant.

MEMORANDUM & ORDER

MARGO K. BRODIE, United States District Judge:

Plaintiffs Jizi Cui, Shoumei Kan, and Fengzhe Jin commenced the above-captioned action on May 16, 2019, against Defendant Federal Bureau of Investigation (the "FBI"), alleging that the FBI improperly withheld agency records in violation of the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. (Compl., Docket Entry No. 1.) Defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, asserting that the withheld documents are exempt from disclosure, and Plaintiffs oppose the motion.¹

For the reasons discussed below, the Court grants Defendant's motion for summary judgment.

I. Background

a. FOIA requests

Between 2012 and 2016, Plaintiffs submitted separate FOIA requests to the FBI for their individual records, which were all denied. (Def.’s Stmnt. of Material Facts pursuant to Local Rule 56.1 ("Def.’s 56.1") ¶¶ 1–22, Docket Entry No. 24.) Cui and Jin submitted FOIA requests in December of 2012, and Cui, Jin, and Kan submitted FOIA requests in June of 2016. (Def.’s 56.1 ¶¶ 1, 4, 10, 16–18.)

i. Cui's FOIA requests

On December 4, 2012, Cui submitted a FOIA request to the FBI for her records.

(Def.’s 56.1 ¶ 1.) By letter dated December 13, 2012, Defendant acknowledged receipt of Cui's FOIA request and informed her "that it assigned her request Request Number 1204619-000[,] that the FBI was searching the indices to its Central Records System (‘CRS’) for information responsive to the request, and that the status of the request could be checked at the website: www.fbi.gov/foia." (Id. ¶ 2.) By letter dated December 19, 2012, Defendant informed Cui "that it was unable to locate main file records responsive to her request after searching the [CRS]," "that the response neither confirmed nor denied the existence of ... Cui's name on any watch lists," and that Cui "could appeal the FBI's determination by filing an administrative appeal with the Department of Justice Office of Information Policy (‘DOJ OIP’) within [sixty] days of the date of the letter." (Id. ¶ 3.)

"By letter dated June 27, 2016, ... Cui submitted a FOIA request to [Defendant] seeking records, specifically, ‘documents and photos from [the] FBI (complete and entire file)’ " ("Cui's 2016 Request"). (Id. ¶ 4.) On July 19, 2016, Defendant "acknowledged receipt of the FOIA request for records pertaining to [Cui]" and "informed [Cui] that it assigned her request Request Number 1354325-000[,] that [Defendant] was searching the indices to its CRS for information responsive to the request[,] and that ... Cui was determined to be a general requester and, as such, was subject to search and duplication fees pursuant to 5 U.S.C. § 552(a)(4)(A)(ii)(III)." (Id. ¶ 5.) By letter dated August 5, 2016, Defendant advised Cui "that the material requested was located in an investigative file and exempt from disclosure pursuant to 5 U.S.C. § 552(b)(7)(A) [(‘Exemption 7(A)’)] because there was a pending or prospective law enforcement proceeding relevant to the records and release of the records could reasonably be expected to interfere with the enforcement proceedings." (Id. ¶ 6.) Defendant stated that "it would neither confirm nor deny the existence of [Cui's] name on any watch lists" and that Cui "could appeal the determination by filing an administrative appeal with the" DOJ OIP. (Id. )

"By letter dated October 17, 2016, [Cui] submitted an appeal to DOJ OIP challenging [Defendant's] withholding of information" based on Cui's 2016 Request and "[b]y letter dated October 24, 2016, DOJ OIP acknowledged receipt of [Cui's] appeal ..., and advised that it assigned the appeal number DOJ-AP-2017-000344." (Id. ¶¶ 7–8.) "By letter dated November 22, 2016, DOJ OIP affirmed [Defendant's] action on [Cui's 2016 Request]" and advised Cui that Defendant's "action was correct and that the records responsive to the request are exempt from the access provision of the Privacy Act." (Id. ¶ 9.) "DOJ OIP further advised that [Defendant] properly withheld the information in full because it is protected from disclosure under ... [Exemption 7(A)] and it is reasonably foreseeable that disclosure of the information could interfere with enforcement proceedings," that to the extent that Cui "sought access to records that would either confirm or deny an individual's placement on any government watch list, [Defendant] properly refused to confirm or deny the existence of any such records because their existence is protected from disclosure pursuant to 5 U.S.C. § 552a(j)(2) and 5 U.S.C. § 552(b)(7)(E)," and that that Cui retained the "right to file a lawsuit in the federal district court or to seek mediation services by contacting" Office of Government Information Services ("OGIS"). (Id. )

ii. Jin's FOIA requests

"By letter dated December 4, 2012, [Jin] submitted a FOIA request to the FBI seeking records," and "[b]y letter dated December 13, 2012, [Defendant] acknowledged [Jin's] request[,] advised that the request was assigned Request Number 1204646-000," stated "that it was searching the indices to CRS for responsive information," and provided information for Jin to check the status of the request. (Id. ¶¶ 15–16.) "By letter dated December 19, 2012, [Defendant] advised [Jin] that it was unable to locate main file records responsive to [the] request," "advised that[ ] it would neither confirm nor deny the existence of [Jin's] name on any watch lists," and noted that Jin could timely appeal Defendant's determination with the DOJ OIP." (Id. ¶ 17.)

"By letter dated June 29, 2016, [Jin] submitted a FOIA request seeking ‘documents and photos from [the] FBI (complete and entire file),’ " (id. ¶ 18), and "[b]y letter dated July 20, 2016, [Defendant] advised [Jin] that it was unable to locate main records responsive to his request," that "it would neither confirm nor deny the existence of [Jin's] name on any watch lists," that Jin had the right to a timely appeal, and that he could "contact the FBI's FOIA public liaison, and/or seek dispute resolution services by contacting OGIS," (id. ¶ 19).

"By letter dated October 17, 2016, [Jin] submitted an appeal to DOJ OIP" and "[b]y letter dated October 24, 2016, DOJ OIP acknowledged receipt of [Jin's] appeal on October 19, 2016, and advised that it assigned the appeal number DOJ-AP-2017-000348." (Id. ¶¶ 20–21.) "By letter dated December 12, 2016, DOJ OIP affirmed [Defendant's] action" and "advised that, to the extent [Jin] sought access to records that would either confirm or deny an individual's placement on any government watch list, [Defendant] properly refused to confirm or deny the existence of any such records because their existence is protected from disclosure pursuant to 5 U.S.C. § 552(b)(7)(E)." (Id. ¶ 22.) DOJ OIP noted that Defendant conducted an "adequate, reasonable search for records responsive to [Jin's] request" and that "to the extent [Jin] requested a cross-reference search, that [Jin] would need to provide information sufficient to enable [Defendant] to determine with certainty that any cross-references it locates are identifiable to the subject of the [FOIA] request." (Id. ) DOJ OIP advised Jin "of the right to file a lawsuit in the federal district court or to seek mediation services by contacting OGIS." (Id. )

iii. Kan's FOIA request

"By letter dated June 28, 2016, [Kan] submitted a FOIA request to [Defendant] seeking records, specifically, ‘documents and photos from [the] FBI (complete and entire file).’ " (Id. ¶ 10.) "By letter dated July 20, 2016, [Defendant] responded to [Kan's] request, assigned FOIA Request No. 1354162-000," advised "that it was unable to locate main file records responsive to the request after searching the CRS" and "that the response neither confirmed nor denied the existence of [Kan's] name on any watch lists," and detailed the process of checking the status of the request and contacting Defendant. (Id. ¶ 11.) Defendant advised that Kan could file an appeal to the DOJ OIP within ninety days, contact the FBI's FOIA, "and/or seek dispute resolution services by contacting OGIS." (Id. ) "By letter dated October 17, 2016, [Kan] submitted an appeal to DOJ OIP challenging [Defendant's] withholding of information," (id. ¶ 12), and "[b]y letter dated October 24, 2016, DOJ OIP acknowledged receipt of [Kan's] appeal on October 19, 2016, and advised that it assigned the appeal number DOJ-AP-2017-000346," (id. ¶ 13).

"By letter dated November 15, 2016, DOJ OIP affirmed [Defendant's] action on [Kan's] FOIA request" and "advised [that] to the extent [that Kan] sought access to records that would either confirm or deny an individual's placement on any government watch list, [Defendant] properly refused to confirm or deny the existence of any such records because their existence is protected from disclosure pursuant to 5 U.S.C. § 552a(j)(2) and 5 U.S.C. § 552(b)(7)(E)." (Id. ¶ 14.) DOJ OIP further advised that Defendant's "response was correct and that it conducted an[ ] adequate, reasonable search for responsive records" and that Kan had "the right to file a lawsuit in the federal district court or seek mediation services by contacting OGIS." (Id. )

b. Search and disclosure procedure

"In response to each of Plaintiffs’ various FOI requests, [Defendant] conducted its search using its [CRS]." (Id. ¶ 29.) "The CRS spans the entire FBI organization" and consists "of applicant, investigative, intelligence, personnel, administrative, and general files compiled and maintained by the FBI in the course of fulfilling its integrated missions and functions as a law enforcement,...