Legal Question in Civil Litigation in California

I have question that concerns an FOIA action that is presently pending in a federal district court of California.

Here is a quick summary of my situation that might give you a better glimpse of my situation back in 1995 representations were made to me that lead me to believe that I entered into a binding plea agreement with the city attorney�s office and INS,

The agreement judicial approval, the �terms and conditions� were laid out on the record of the change of plea proceedings when the judge rendered its judgment.

No appeal was taken, years past and without any type of advanced notice to me by agency that the sealed negotiated plea arrangement was going to breached arrested me and instituted proceedings against me for being convicted of a �subsequent conviction� back in 1995 violating Immigration and Nationality Act. (�INA�) and placed in indefinite detention without bail . . etc. . .etc.

I attempted to procure a copy of the 1995 change of plea proceedings for my defense in and out of both state and federal proceedings (from all parties) without success.

Here is my present problem back in 2003 I eventually filed an FOIA request, my request for a copy of the 1995 change of plea and sentencing proceedings. INS/FOIA exempted my request under various provisions of the PRIVACY ACT. The first letter stated:

This office has received your request. I refer to your Privacy Act request received in this office on______, for a copy of all information for yourself: The records consist 'of 563 pages and 534 pages are being released. Deletions have been made to four pages and twenty five pages have been withheld in their entirety. The exempted material is being withheld pursuant to the following exemption

Privacy Act 5 U.S.C 552 (a)(k)(2), as it constitutes investigatory' material compiled for law enforcement purposes.

Privacy Act 5 US.C 552 (b )(5), which exempts from mandatory disclosure 'inter-agency or Intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency,"

Privacy Act 5U.S.C. 552 (b )(7)( d), which exempted from mandatory disclosure �investigatory any records "only to the extent that the production of such record would disclose the identity of a confidential source an~ in a case compiled.

Things happened that prevented me from researching and appealing these exemptions, years past and I was still in dire need of this record since I continued to suffer adverse rulings behind the lack of required record that is subject of the controversy.

I filed my second request back in 2008 and USCIS-FOIA responded the letter stated;

You appealed the action of the National Records Center regarding your request for access to records pertaining to___________________, dated __________________. After careful consideration of your appeal. We have decided to affirm the initial action in this case. It is our office�s understanding that by letter dated ____________ responded to your request by providing you with the material located in the file concerning Case_____________ If the document you requested were not received, then the documents were not located in the file. According to several pages previously sent to you, the record _____________no longer exist.

My FOIA complaint is presently pending at the district court I am asking the district court to enjoin agency from improperly withholding the change of plea proceedings. Keep in mind that agency withheld my documents under various provisions of the privacy act then completely contradicts itself that the record was already destroyed when it exempted the record.

My question is this can I seek monetary sanctions in the amount of lets say for example the amount of what I sought in a previous civil lawsuit that was dismissed without prejudice until I fulfilled the requirements, since it would be to deter repetition of their conduct or comparable conduct by others similarly situated under federal rules of civil procedures rule 11(4)

Another question is there attorney's that would take a civil case on a contingency bases. I have supporting documents that overwhelming shows that agency continues to posses the record.

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