Khine v. DHS, No. 18-5302 (D.C. Cir. 2019)Annotate this Case
Plaintiff, an asylum seeker, as well as Catholic Charities of Washington, filed a Freedom of Information Act (FOIA) request to DHS seeking documents related to her asylum application. After DHS's initial determination, plaintiff and Catholic Charities filed suit in district court, claiming that the agency's initial determination was part of an agency pattern of deficient FOIA initial responses.
The DC Circuit affirmed the district court's grant of DHS's motion to dismiss on the ground that plaintiff had failed to exhaust her administrative remedies before seeking judicial review. The court held that plaintiff and Catholic Charities did not have standing to pursue their claims; rejected plaintiff's constructive exhaustion claim that she had "no duty" to file an administrative appeal at all; and held that excusing plaintiff's failure to exhaust would be inappropriate in this case.