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Judicial Watch • Dhs Montano Response 03032011

Dhs Montano Response 03032011

Dhs Montano Response 03032011

Page 1: Dhs Montano Response 03032011

Category:General

Number of Pages:4

Date Created:March 3, 2011

Date Uploaded to the Library:February 20, 2014

Tags:03032011, montano, response, DHS


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U.S. Department Homeland Security 
800 North Capitol Street NW, #585 Washington, 20536-5009 

U.S. Immigration and Customs Enforcement 

March 2011 
Mr. Michael Bekesha Judicial Watch 425 Third Street S.W., Suite 800 Washington, D.C. 20024 
RE: 	ICE FOIA Case Number 2011FOIA2155 DHS FOIA Case NumberDHS/OS/PRIV 11-0051 
Dear Mr. Bekesha: 
This response your Freedom oflnformation Act (FOIA) request the U.S. Department Homeland Security (DHS), dated October 12, 2010. DHS referred your request U.S. Immigration and Customs Enforcement (ICE) November 16, 2010. You have requested copies of"the report/memorandum prepared the direction Secretary Napolitano related Carlos MartinellyMontano". 
ICE previously responded your request February 11, 2011 and notified you that ICE's search for records had produced one draft document totaling thirty-five (35) pages. That draft document was withheld its entirety pursuant Exemption the FOIA. Additionally, portions that document were withheld pursuant Exemptions and 7(C) the FOIA. Further, that letter notified you that the ICE FOIA Office would continue monitor the status the requested report, and would immediately process and disclose the report Judicial Watch when the draft report was finalized. this time, the report has been completed. ICE has conducted supplemental search for records 
and has located the final version the requested report. After review that document, have 
determined that twenty-seven (27) pages will released their entirety. Portions eight (8) 
ICE has applied Exemptions and 7(C) protect from disclosure the home address, social security 
number, alien number, birth date,. and U.S. Citizenship and Immigration Services (USCIS) 
application number the subject your request. addition, ICE applied Exemptions and 7(C) protect from disclosure the home addresses and birth dates third parties contained within the 
documents. 
FOIA Exemption exempts from disclosure personnel medical files and similar files the release which would cause clearly unwarranted invasion personal privacy. This requires balancing the public's right disclosure against the individual's right privacy. The types documents 
and/or information that have withheld may consist social security numbers, home addresses, 
dates birth, various other documents and/or information belonging third party that are 

www.ice.gov 

considered personal. The privacy interests the individuals the records you have requested outweigh any minimal public interest disclosure the information. Any private interest you may have that information does not factor into the aforementioned balancing test. 
FOIA Exemption 7(C) protects records information compiled for law enforcement purposes that could reasonably expected constitute unwarranted invasion personal privacy. This exemption takes particular note the strong interests individuals, whether they are suspects, witnesses, investigators, not being unwarrantably associated with alleged criminal activity. That interest extends persons who are not only the subjects the investigation, but those who may have their privacy invaded having their identities and information about them revealed connection with investigation. Based upon the traditional recognition strong privacy interest law enforcement records, categorical withholding information that identifies third parties law enforcement records ordinarily appropriate. such, have determined that the privacy interest the identities individuals the records you have requested clearly outweigh any minimal public interest disclosure the information. Please note that any private interest you may have that information does not factor into this determination. you need contact our office again about this matter, please refer FOIA case number 2011FOIA2155. This office can reached (202) 732-0300. 

Sincerely, 
fol' 
Catrina Pavlik-Keenan FOIA Officer 

Enclosures: 	ICE's February 11, 2011 Response Letter pages 
www.ice.gov 

U.S. Department Homeland Security 
800 North Capitol Street NW, #S8S Washington, 20536-5009 
U.S. Immigration and Customs Enforcement 
February 11, 2011 Mr. Michael Bekesha 
Judicial Watch 425 Third Street Suite 800 Washington, D.C. 20024 
RE: 	ICE FOIA Case Number 2011FOIA2155 DHS FOIA Case Number DHS/OS/PRIV 11-0051 
Dear Mr. Bekesha: 

This response your Freedom oflnfonnation Act (FOIA) request the U.S. Department Homeland Security (DHS), dated October 12, 2010. DHS referred your request U.S. Immigration and Customs Enforcement (ICE) November 16, 2010. You have requested copies "the report/memorandum prepared the direction Secretary Napolitano related Carlos MartinellyMontano". 
Your request has been processed under the FOIA, U.S.C.  552. ICE has searched its offices that would possess records responsive your request. Our search produced one draft document totaling thirty-five (35) pages. After review that draft document, have determined that this draft document will withheld its entirety pursuant Exemption the FOIA described below. Additionally, have also determined that portions seven (7) pages the draft document will also withheld pursuant Exemptions and 7(C) the FOIA described below. 
ICE has applied Exemption protect from disclosure intra-agency draft documents that contain the recommendations, opinions, and conclusions agency employees. The disclosure intraagency draft documents would discourage the expression candid opinions and inhibit the free and frank exchange information and opinions among agency personnel important agency decisionmaking having chilling effect the agency's deliberative process. Because draft documents contain statements and positions not necessarily adopted the agency, disclosure draft documents could result public confusion over what constitutes the final agency position with respect issues addressed the draft documents. 
FOIA Exemption protects from disclosure those inter-or intra-agency documents that are nonnally privileged the civil discovery context. The three most frequently invoked privileges are the deliberative process privilege, the attorney work-product privilege, and the attorney-client privilege. After carefully reviewing the responsive documents, have detennined that the responsive documents qualify for protection under the deliberative process privilege. The deliberative process privilege protects the integrity the deliberative decision-making processes within the agency exempting from mandatory disclosure opinions, conclusions, and recommendations included within inter-agency intra-agency memoranda letters. The release 

www.ice.gov 
this internal information would discourage the expression candid opinions and inhibit the free and frank exchange information among agency personnel. Furthermore, the deliberative process privilege protects against public confusion that might result from the disclosure reasons and rationales that were not fact ultimately the grounds for agency action. 
ICE has applied Exemptions and 7(C) protect from disclosure the home address, social security number, alien number, birth date, and U.S. Citizenship and Immigration Services (USCIS) application number the subject your request. addition, ICE applied Exemptions and 7(C) protect from disclosure the home addresses and birth dates third parties contained within the documents. 

FOIA Exemption exempts from disclosure personnel medical files and similar files the release which would cause clearly unwarranted invasion personal privacy. This requires balancing the public's right disclosure against the individual's right privacy. The types documents and/or information that have withheld may consist social security numbers, home addresses, dates birth, various other documents and/or information belonging third party that are considered personal. The privacy interests the individuals the records you have requested outweigh any minimal public interest disclosure the information. Any private interest you may have that information does not factor into the aforementioned balancing test. 
FOIA Exemption 7(C) protects records information compiled for law enforcement purposes that could reasonably expected constitute unwarranted invasion personal privacy. This exemption takes particular note the strong interests individuals, whether they are suspects, witnesses, investigators, not being unwarrantably associated with alleged criminal activity. 
That interest extends persons who are not only the subjects the investigation, but those who may have their privacy invaded having their identities and information about them revealed connection with investigation. Based upon the traditional recognition strong privacy interest law enforcement records, categorical withholding information that identifies third parties law 

 
enforcement records ordinarily appropriate. such, have determined that the privacy interest the identities individuals the records you have requested clearly outweigh any minimal public interest disclosure the information. Please note that any private interest you may have that information does not factor into this determination. 
The ICE FOIA Office continues monitor the status the requested report. When the draft report finalized, ICE will immediately process and disclose the final version the report Judicial Watch. you need contact our office again about this matter, please refer FOIA case number 2011FOIA21SS. This office can reached (202) 732-0300. 

Sincerely, 
fOf' 
Catrina Pavlik-Keenan FOIA Officer 

www.ice.gov