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U.S.

Department of Homeland Security


Washington, DC 20229

u.s. Customs and


Border Protection

November 17,2008

William C. Holmes
Citizens for Responsibility and Ethics in Washington
1400 Eye Street NW, Suite 450
Washington, DC 20005

Re: Citizens/or Responsibility and Ethics in Washington v. Department ofHomeland


Security, No.1 :08-cv-0 1046.

Dear Mr. Holmes:

This is the second in a series of responses to the second part of your Freedom of
Information Act (FOIA) request to U.S. Customs and Border Protection, dated March 17,
2008. You are seeking any and all records concerning Ray L. Hunt, andlor Hunt
Consolidated, Inc., or any properties known to be owned by Ray L. Hunt or Hunt
Consolidated, and any and all records, regardless of format, concerning deliberations,
standards, and criteria encompassing the decision-making process surrounding where SBI
fencing should be constructed along the U.S. border with Mexico.

On September 2, 2008, we provided an initial response to the first part of your


request, in which you seek records concerning Ray L. Hunt, andlor Hunt Consolidated,
Inc., or any properties known to be owned by Ray L. Hunt or Hunt Consolidated, Inc. On
October 10, 2008, we provided a supplemental response to the first part of your request.
The instant response contains 1000 pages of records responsive to the second part of your
request, in which you seek any and alI records concerning deliberations, standards, and
criteria encompassing the decision-making process surrounding where SBI fencing
should be constructed along the U.S. border with Mexico.

The instant response, which contains 1000 pages, produces documents originating
exclusively from within the Office of Border Patrol. Of these documents, I determined
that certain documents are to be either partialIy withheld or withheld in their entirety
pursuant to Title 5 U.S.c. § 552(b)(2)(a), (b)(5), (b)(6) and (b)(7)(E). Records are
partially withheld under 5 U.S.C. § 552(b)(2)(a) because they contain information related
solely to the internal personnel rules and practices of the agency, in particular, internal
matters of a relatively trivial nature (often referred to as "low 2" information). Records
are partially withheld under 5 U.S.c. § 552(b)(5) because they represent the agency's
deliberative process, the release of which would discourage the expression of candid
opinions and inhibit the free and frank exchange of information among agency personnel.
Records are also partially withheld under 5 U.S.C. § 552(b)(5) because they contain
confidential communications between an attorney and his client. AdditionalIy, FOIA
Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy.
Finally, some records are partially or entirely withheld pursuant to FOIA Exemption
(b)(7)(E), which protects records compiled for law enforcement purposes, the release of
which would disclose techniques and/or procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to risk circumvention of the
law.

Although I am aware that your request is the subject of ongoing litigation and that
appeals are not ordinarily acted on in such situations, I am required by statute and
regulation to inform you of your right to file an administrative appeal. If you are not
satisfied with my action on your request, you may administratively appeal from this
partial denial by writing to the FOIA Appeals Officer, Regulations and Rulings, Office of
International Trade, U.S. Customs and Border Protection, 1300 Pennsylvania Ave., NW,
Mint Annex, Washington, D.C. 20229, within sixty (60) days after the date of this
determination letter. The appeal must be in writing and signed; contain your name and
address; date of the initial request; date and control number of the letter denying your
request; description of the records or information withheld; and reason(s) you believe that
the records or information should be disclosed. Your appeal letter and mailing envelope
should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are
available at www.dhs.gov/foia.

If you need to contact our office again about this matter, please refer to 1:08-cv-
01046. This office can be reached at (202) 344-2050.

al~y~,~~~;....-
David R. Ho man
_
Chief, Operations, Planning and Analysis Division
Office of Border Patrol
U.S. Customs and Border Protection

Enclosure(s): Responsive Documents Compact Disc

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