Calderon v. U.S. Dep't of Justice
Calderon v. U.S. Dep't of Justice
Opinion of the Court
CHRISTOPHER R. COOPER, United States District Judge *67Since June 2013, Yolanda Vizcarra Calderon and Ranfiel Castaneda Sanchez have sought visas to enter the United States. Pederson Decl. ¶ 15. But their requests have been denied on the ground that there is reason to suspect their involvement in money laundering and drug trafficking. Id. ¶ 21.
Summary judgment may be granted when the moving party establishes that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). In FOIA cases, summary judgment is the appropriate mechanism for determining whether an agency has discharged its obligations. See, e.g., Judicial Watch, Inc. v. CFPB,
Under FOIA, an agency is obligated to conduct an adequate search for records responsive to a valid request. Rodriguez v. Dep't of Def.,
The Department has provided such an affidavit here. Katherine Myrick, the Chief of the FOIA Management Section at the DEA's headquarters in Arlington, Virginia submitted a sworn affidavit on behalf of the Department. See generally Myrick Decl. According to Myrick, she performed a search of the DEA's Narcotics and Dangerous Drugs Information System ("NADDIS"), the data index system for the *68DEA's Investigative Reporting and Filing System ("IRFS"). Id. ¶¶ 7, 15-16. The IRFS contains "all administrative, general, and criminal investigative files compiled by DEA." Id. ¶ 6. Myrick attests that she performed multiple queries on NADDIS, including variations of Vizcarra Calderon's name and identifying numbers such as her date of birth. Id. ¶¶ 15-16. The Myrick Declaration is sufficiently detailed to carry the Department's burden of demonstrating it conducted a search reasonably calculated to turn up any responsive records.
Vizcarra Calderon raises two main arguments in response, but neither is persuasive. First, she argues the search was inadequate because the Department did not search the DEA's Tijuana and Guadalajara, Mexico field offices despite a reasonable inference that any responsive records might be found there. Citing the decision in McLaughlin v. U.S. Dep't of Justice,
Second, Vizcarra Calderon suggests that the search was inadequate because it yielded no records even though she was informed by a government official that a "case" related to drug trafficking allegations against her exists. But "it is long settled that the failure of an agency to turn up one specific document in its search does not alone render a search inadequate." Iturralde v. Comptroller of Currency,
In light of the Myrick Declarations, the Court concludes that the Department has carried its burden to demonstrate it conducted an adequate search. The Court will therefore grant the Department's Motion for Summary Judgment. A separate Order shall accompany this memorandum opinion.
Nothing in this opinion should be construed to express a view on whether Vizcarra Calderon or Castaneda Sanchez has any involvement in money laundering or drug trafficking. Both have consistently asserted their innocence on all fronts.
Castaneda Sanchez filed a similar FOIA request and has brought suit against the DEA in a separate civil action.
Vizacarra Calderon also brought a claim under the Administrative Procedure Act. However, in her opposition she withdraws this claim. See Pl.'s Mem. P. & A. Opp'n Def.'s Mot. Summ. J. at 6-7.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.