A Step-by-Step Guide to Filing a FOIA Lawsuit

This Practice Advisory provides immigration practitioners with step-by-step instructions about how to file a lawsuit under the Freedom of Information Act. The Advisory explains the preliminary steps that need to be completed before filing the lawsuit, the appropriate parties in a FOIA case, the proper venue for filing, the types of claims litigants may bring, how to file the complaint and supporting documents, and what to expect after the lawsuit is filed.  Additionally, the Advisory contains sample documents to help guide practitioners. This Practice Advisory compliments the Council’s Practice Advisory on the Freedom of Information Act and Immigration Agencies and the American Immigration Lawyers Association’s FOIA Toolbox: A Practical Guide to Obtaining Records for Immigration Cases through FOIA and Other Document Requests.