J. Jesus Arevalo-Franco v. U.S. Immigration and Naturalization Service

POLITZ, Circuit Judge:

When the Immigration and Naturalization Service (INS) failed to respond to his request for records under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, J. Jesus Arevalo-Franco sought judicial enforcement of the FOIA in the district court for the Western District of Texas. Areva-lo’s complaint had the desired effect; the records he requested were made available and Arevalo moved to dismiss his suit but sought court costs and attorney’s fees. The district court dismissed Arevalo’s complaint, holding that the court lacked subject matter jurisdiction. We vacate and…