Brennan Center For Justice At New York University School Of Law v. U.S. Immigration and Customs Enforcement, No. 1:2021cv02443 - Document 31 (S.D.N.Y. 2021)

Court Description: MEMORANDUM ORDER granting in part and denying in part 15 Motion for Summary Judgment; granting in part and denying in part 18 Motion for Summary Judgment. For the reasons set forth above, the Court finds ICE's search was inadequate and, a ccordingly, orders ICE to conduct a new search based on a liberal reading of Part Two of the request, as clarified by the Brennan Center, and that addresses the inconsistencies and gaps discussed above. The Court also finds that while the redacted po rtions of Sections 7. 2, 7. 4, 11. 3, and 11. 4 are appropriately withheld under FOIA Exemption 7 (E), the redacted portions of Sections 7.18, 11.6, 12.1, 12.2, 12.4, 12.5, and 12.7 are not appropriately withheld under 7(E) and must be disclosed. Acc ordingly, the Court grants partial summary judgment in favor of the Brennan Center, on the grounds that ICE's search was inadequate and that Sections 7.18, 11.6, 12.1, 12.2, 12.4, 12.5, and 12.7 of the NSI Handbook were not properly withheld und er FOIA Exemption 7(E); and grants partial summary judgment in favor of ICE, on the ground that Sections 7.2, 7.4, 11.3, and 11.4 were properly withheld under FOIA Exemption 7(E). The Clerk is directed to close the entries at docket numbers 15 and 18 and close the case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/29/2021) (mml)