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Judicial Watch • Tuffly v DHS JW response 28j letter 15342

Tuffly v DHS JW response 28j letter 15342

Tuffly v DHS JW response 28j letter 15342

Page 1: Tuffly v DHS JW response 28j letter 15342

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Number of Pages:4

Date Created:May 16, 2017

Date Uploaded to the Library:May 22, 2017

Tags:Cameranesi, 15342, Tuffly 15342, dktentry, Clerk, Tuffly, Bekesha, aliens, military, Ninth, names, Criminal, personnel, response, letter, judicialwatch, DHS, security, michael, FOIA, department, Washington


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Case: 16-15342, 05/16/2017, ID: 10436064, DktEntry: 30, Page
Judicial
Watcfi
Because one above the law!
May 16, 2017
Ms. Molly Dwyer
Clerk Court
U.S. Court Appeals for the Ninth Circuit
The Janes Browning Courthouse 7th Street
San Francisco, 94103
Re:
Tuffly U.S. Department Homeland Security, Case No. 16-15342
(to argued June 2017)
Dear Ms. Dwyer:
This response the Fed. App. 28G) letter submitted the U.S.
Department ofHomeland Security May 12, 2017.
The facts Cameranesi US. Department ofDefense, No. 14-16432 (9th Cir.
May 2017), are entirely and appropriately distinguishable from those this
case.
First, the FOIA requester Cameranesi sought the names foreign, military
personnel receiving professional training from the U.S. government. this case,
Tuffly seeks the names criminal aliens released from custody due fiscal
uncertainty.
Second, the foreign, military personnel could have reasonably concluded that their
identities would not disclosed without their permission light the U.S.
governments policy not disclose such information. this case, DHS has not
provided any evidence that maintains similar policy with respect criminal
aliens that criminal aliens rely such practice.
Third, the agency Cameranesi that assessed the possible risks the foreign,
military personnel was the U.S. Department Defense. Obviously, that agency
has the requisite expertise and knowledge determine whether such individuals
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org
Case: 16-15342, 05/16/2017, ID: 10436064, DktEntry: 30, Page
Clerk the Court
could subject possible mistreatment attack iftheir identity known. DHS
does not have similar expertise and knowledge when comes the possible
effects disclosing the identity criminal aliens.
Fourth, the Cameranesi Court concluded that the disclosure the names the
foreign, military personnel would not contribute significantly public
understanding because the government already had investigative process
place shed light the issues addressed the FOIA request. this case, there such governmental investigative process place. Only with the release
the names Tuffly will the public able determine whether DHS made
reasonable assessment the risks posed the public releasing criminal aliens
under less strict supervision and whether DHS continued supervision has
adequately safeguarded the public from dangerous individuals who would
otherwise have been subject detention. anything, the Cameranesi Courts ruling reemphasizes that DHS improperly
withholding the names the 149 criminal aliens.
Respectfully submitted,
Isl Michael Bekesha
Michael Bekesha
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff-Appellant
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646 5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@Judicia!Watch.org www.Judicia!Watch.org
Case: 16-15342, 05/16/2017, ID: 10436064, DktEntry: 30, Page
CERTIFICATE COMPLIANCE
This letter complies with the type-volume limitation Fed. App. 280)
because the body the letter does not exceed 350 words.
Isl Michael Bekesha
Case: 16-15342, 05/16/2017, ID: 10436064, DktEntry: 30, Page
CERTIFICATE SERVICE hereby certify that electronically filed the foregoing letter with the Clerk the Court for the United States Court Appeals for the Ninth Circuit using
the appellate CM/ECF system May 16, 2017. certify that all participants the case are registered CM/ECF users and
that service will accomplished the appellate CM/ECF system.
Isl Michael Bekesha