Mary Beth Keller e-mails May and June 2019

Matthew Hoppock filed this request with the Department of Justice, Executive Office for Immigration Review of the United States of America.
Tracking #

2019-37041, 2020-HQFO-00380

2019-37041

Status
Completed

Communications

From: Matthew Hoppock


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

The communications between former Chief Immigration Judge Mary Beth Keller and EOIR Director James McHenry between May 1, 2019 and the date this request is processed. This should include both e-mail messages and Skype instant messages. This should include all messages where Keller is the sender and McHenry is at least one of the recipients and all messages where McHenry is the sender and Keller is at least one of the recipients.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Matthew Hoppock

From: Department of Justice, Executive Office for Immigration Review

An acknowledgement letter, stating the request is being processed.

From: Department of Justice, Executive Office for Immigration Review

Matthew, to do a "reasonable search" it would help to have a subject. Is this related to CIJ Keller's retirement? Wr/JRS

From: Department of Justice, Executive Office for Immigration Review

Mathew, a search for responsive documents has been initiated. This is #87 of 112 complex requests.

Wr/JRS

From: Department of Justice, Executive Office for Immigration Review

Matthew, potentially responsive documents are awaiting attorney review. Wr/JRS

From: Department of Justice, Executive Office for Immigration Review

Matthew, please see FOIA response 2019-37041 attached.

Wr/
Joseph R. Schaaf
Senior Counsel for Administrative Law
Executive Office for Immigration Review

From: Department of Justice, Executive Office for Immigration Review

Good Afternoon,
Attached is our acknowledgment of your DHS FOIA request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website (http://www.dhs.gov/foia)

From: Department of Justice, Executive Office for Immigration Review

Good afternoon, Attached is our final response to your request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486. Regards, DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website

From: Matthew Hoppock

FOIA Appeals
U.S. Department of Homeland Security
245 Murray Lane, SW
Mail Stop 0655
Washington, D.C. 20528-0655

I am writing to appeal the redactions to the single record the DHS produced in this case. I had requested certain email messages from the DOJ's EOIR and the EOIR forwarded the responsive record to the DHS for review. The DHS has released the record, which is a June 5, 2019 e-mail message, but it has redacted information in the email that is not exempt under the FOIA. For example, the DHS has redacted the sender, recipient, and cc recipient(s) entirely claiming that information is exempt under B6. Their identities, including their names and e-mail addresses are not exempt under B6.

Second, a large portion of the email is redacted citing code B5. But this is in error. The adjudication letter says this was withheld under the "deliberative process privilege." However, deliberative process only protects records discussing the agency's deliberations before a decision is made. Records that communicate a decision that has already been made are not deliberative. This e-mail describes the redacted portion as the "Quick ROM plan of action" and a "notional timeline." That information reflects a decision that has already been made by the agency and thus was improperly redacted.

Matthew Hoppock

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