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Sosa Orantes v. U.S. Immigration & Customs Enforcement

Citation: Not availableDocket: Civil Action No. 2019-0549

Court: District Court, District of Columbia; August 30, 2021; Federal District Court

Original Court Document: View Document

Narrative Opinion Summary

In this legal proceeding, the plaintiff, Jorge Vinicio Sosa Orantes, filed a lawsuit under the Privacy Act against the U.S. Immigration and Customs Enforcement (ICE) and the Department of Justice (DOJ), challenging the maintenance of certain records. The defendants sought dismissal or summary judgment based on statutory exemptions, which the court granted. Sosa's attempt to obtain international arrest warrants, which purportedly influenced his denied transfer to Canada, was addressed. The court found that ICE did not retain such records, while the DOJ located a single warrant from Guatemala. The court emphasized the statutory provision under 5 U.S.C. § 552a(j)(2), allowing heads of agencies to exempt law enforcement records from Privacy Act disclosure requirements, which both ICE and DOJ had done. Furthermore, the court clarified that the Privacy Act does not permit the correction of opinions or judgments, rendering Sosa's challenges to the agencies' substantive decisions irrelevant. The decision, issued by Judge Tanya S. Chutkan on August 30, 2021, concluded with a ruling in favor of the defendants, and a separate order was to be issued subsequently.

Legal Issues Addressed

Disclosure of Records under the Privacy Act

Application: The court addressed Sosa's request for international arrest warrants but found ICE did not maintain such records, and DOJ only had one from Guatemala.

Reasoning: Sosa's request for copies of the international arrest warrants used to deny his transfer to Canada was considered, but ICE does not maintain such copies. The DOJ found one warrant from Guatemala.

Limitations of the Privacy Act Regarding Substantive Decisions

Application: The court ruled that Sosa's questions on the agencies' substantive decisions were not actionable under the Privacy Act, which does not permit correction of opinions or judgments.

Reasoning: Any questions from Sosa regarding the agencies' substantive decisions were deemed misplaced, as the Privacy Act does not allow for the correction of opinions or judgments.

Privacy Act Exemption under 5 U.S.C. § 552a(j)(2)

Application: The court found that ICE and DOJ properly exempted their law enforcement record systems from the Privacy Act's disclosure requirements, as their primary functions involve law enforcement.

Reasoning: The court noted that heads of agencies may exempt certain records from the Privacy Act's disclosure requirements, as stipulated in 5 U.S.C. § 552a(j)(2), particularly when the agency's primary function involves law enforcement.