A Newark resident has taken legal action against two major federal agencies for failing to comply with the Freedom of Information Act (FOIA). Fabio Ferreira Filho filed a complaint in the United States District Court for the District of New Jersey on February 26, 2026, accusing the United States Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) of not providing crucial immigration records despite multiple requests.
The case stems from Filho’s attempts to obtain his entry, inspection, apprehension, detention, and processing history from CBP. On May 16, 2024, through his legal representation at Nova Law Group LLC, Filho submitted an initial FOIA request. Despite receiving a receipt acknowledgment on December 12, 2024, no further communication or documentation was provided by CBP. A second request was filed on August 8, 2025; however, CBP responded on September 17, 2025, stating that no records were found based on the information provided. In response to this denial, Filho filed an administrative appeal on November 19, 2025, offering additional identifying details to aid in locating the requested records. To date, neither Filho nor his attorneys have received any response regarding this appeal.
Filho argues that CBP’s failure to respond within the statutory timeframe effectively obstructs his ability to access vital information necessary for assessing his immigration options. This inaction is described as a violation of FOIA’s mandate for prompt access to agency records. The complaint seeks declaratory and injunctive relief alongside reasonable attorney fees and costs under FOIA provisions.
The legal basis for Filho’s case includes allegations that CBP violated its statutory obligations by not responding timely to both initial requests and subsequent appeals. Under FOIA regulations outlined in 5 U.S.C. § 552(a)(6)(A)(1), agencies are required to determine compliance with requests within twenty business days and provide determinations promptly after receiving appeals. The lawsuit contends that more than three months have passed since filing the administrative appeal without any determination from CBP.
In seeking judicial intervention due to constructive exhaustion of administrative remedies—a status reached when an agency fails to respond within prescribed time limits—Filho asks the court for several forms of relief: a declaration that defendants’ actions contravene FOIA requirements; an order compelling comprehensive searches for responsive records; injunctions against withholding non-exempt documents; and reimbursement for litigation expenses incurred during this process.
Representing Fabio Ferreira Filho is Alexandra Minogue from Nova Law Group located at Fulton Street in Newark. The presiding judge over this matter is yet unnamed but will oversee proceedings under Case ID: 2:26-cv-02029.
Source: 226cv02029_Filho_v_United_States_Customs_and_Border_Protection_Complaint_District_New_Jersey.pdf