|Submitted||Oct. 9, 2018|
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To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
A guidance document called "Remand of Immigration Cases," written by Thomas W. Hussey and dated Nov. 10, 2005.
For reference, this guidance memorandum is described in footnote 21 of the August 15, 2017 memorandum by ICE Principal Legal Advisor Tracy Short.
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.
Dear Mr. Hoppock:
Attached is the Civil Division's response to your FOIA request. Thank you.
Hirsh D. Kravitz
Senior Supervisory FOIA Counsel
Office of FOIA, Records, and E-discovery
Department of Justice-Civil Division
The agency's use of Exemption B5 is legally erroneous. The document "Remand of Immigration Cases" is a guidance document for agency staff members on how to process cases that have been remanded by the BIA and the Federal Courts. It is not protected by "attorney-client privilege" because it does not contain legal advice by an attorney for his client. Nor is it "work product" as it does not relate to any specific cases or matter that an attorney is working on. The document is a basic internal guidance document explaining how the agency will handle certain cases once they are returned from the BIA and Federal Courts. It is protected by no exemption to the FOIA and should be released as a public record.
Further, any possible privilege or protection has been waived in that the agency has cited and described this memo in publicly-released guidance, including the August 15, 2017 memorandum by ICE Principal Legal Advisor Tracy Short.
Finally, even if portions of this memo contain legal advice or work product, the agency has not explained why it cannot redact those portions and release the remainder of the record.
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2019-000758
* Request Tracking Number: 145-FOI-16376
* Requester Name: Matthew Hoppock
* Date Submitted: 11/05/2018
* Appeal Status: Submitted
* Description: Civil appeal
DOJ-AP-2019-000758 has been processed with the following final disposition: Affirmed on Appeal