A man facing deportation is taking legal action against U.S. immigration authorities, demanding transparency over his citizenship status. On October 1, 2024, Pascal E. Charpentier filed a complaint in the United States District Court for the Eastern District of New York against the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). The lawsuit seeks declaratory and injunctive relief under the Freedom of Information Act (FOIA).
Pascal E. Charpentier's ordeal began during his deportation proceedings when he presented a New York State parole board document indicating that U.S. Immigration and Customs Enforcement (ICE) had concluded he was a U.S. citizen, born on a military base in Germany while his father served in the Air Force. Despite this evidence, an immigration judge dismissed its significance as "conclusory." To substantiate ICE's conclusion about his citizenship, Charpentier submitted a FOIA request to DHS on April 5, 2023, which was forwarded to USCIS by May 22, 2023.
The plaintiff alleges that both DHS and USCIS have failed to fulfill their FOIA obligations by not disclosing requested documents and unlawfully withholding information critical to his case. He argues that these agencies are violating his rights under FOIA by not conducting adequate searches or providing non-exempt information from their records.
Charpentier's removal proceedings stem from a theft conviction dating back to 1991 for which he served time in prison. In July 2020, ICE arrested him again under allegations of being a noncitizen subject to removal due to this conviction. However, discrepancies arose when two different Alien Registration numbers were associated with him; one indicated he was born in Haiti—a country he's never been to—while another supported his claim of birth in Germany.
Despite efforts through federal litigation and previous FOIA requests made by attorney Julie Goldberg, documentation proving Charpentier’s birth on a U.S. military base remains elusive. His current counsel at Perkins Coie LLP and NYU Immigrant Rights Clinic continue these efforts as part of Washington Square Legal Services Inc., emphasizing that ICE once informed New York authorities of Charpentier’s citizenship status.
In response to his FOIA request seeking specific records related to inquiries about him from law enforcement agencies between 1991-2015 and documents tied to certain Alien Registration numbers—USCIS provided partially redacted documents citing various exemptions under FOIA statutes but failed significantly according to Charpentier’s legal team.
Charpentier exhausted all administrative remedies available before filing this lawsuit after receiving inadequate responses from USCIS regarding appeals submitted throughout late 2023 into early January 2024 concerning withheld documentation relevant for establishing his claimed citizenship status.
Through this court action, Charpentier seeks several forms of relief including expedited processing orders for all responsive records held by defendants along with fee waivers due process violations alleged against them under applicable laws governing public access rights via FOIA provisions.
Representing Mr.Charpentier are attorneys Samuel Gelb & David Aaron from Perkins Coie LLP alongside Nancy Morawetz from NYU Immigrant Rights Clinic/Washington Square Legal Services Inc., aiming towards securing justice amidst bureaucratic opacity surrounding critical identity verification processes within US immigration systems today." The case ID is Civil Action No.: 1:24-cv-06952