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Concepcion v. U.S. Customs and Border Protection

United States District Court, District of Columbia

December 4, 2012

Alberto CONCEPCIÓN, Plaintiff,
v.
U.S. CUSTOMS AND BORDER PROTECTION, Defendant.

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Alberto Concepcion, Fort Dix, NJ, pro se.

Leila Jade Levi, U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION

AMY BERMAN JACKSON, District Judge.

This matter is before the Court on the renewed motion for summary judgment filed on behalf of U.S. Customs and Border Protection (" CBP" ). For the reasons discussed below, the motion will be granted.

I. BACKGROUND

A. Documents related to Miguel Concepción (FOIA Case Number 2009F1670)

According to the complaint, at one time, plaintiff, Alberto Concepción, was using the driver's license, credit cards, and Social Security number of his deceased brother, Miguel Concepción. See Compl. ¶¶ 9, 27. He purchased airline tickets in his late brother's name, see id. ¶ 27, and travelled out of the state of New Jersey during the same time period that law enforcement authorities accused him of being involved in the sale of heroin. Id. [1] In order to obtain information regarding his departures from and arrivals into the United States in connection with his defense to those charges, plaintiff submitted a request under the Freedom of Information Act (" FOIA" ), see 5 U.S.C. § 552, to CBP for the following information:

A COPY OF ANY, & ALL OF THE RECORDS, DOCUMENTS, FILES, DATA, ETC., OF THE PRIMARY QUERY HISTORY OF PASSENGER ACTIVITY, FROM JAN. 1, 1991, UNTIL PRESENT FOR MY DECEASE[D] BROTHER MIGUEL CONCEPCIÓN.

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id. id. See id. see also id., id. see ...

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