Facts

Asian Americans Advancing Justice - Asian Law Caucus submitted Freedom of Information (FOIA) requests to the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) and the U.S. Department of State. The request involved seeking a copy of a memorandum of understanding (MOU) between the United States and Vietnam: "Memorandum of Understanding Between the Department of Homeland Security of the United States of America and the Ministry of Public Security of the Socialist Republic of Viet Nam on the Acceptance of the Return of Vietnamese Citizens Who Arrived in the United States Before July 12, 1995 and Who Have Been Ordered Removed from the United States." After failing to be provided with the MOU, they filed a complaint alleging the claim under FOIA, again requesting the MOU. The government then provided a redacted version of the MOU that contained all but three paragraphs. Asian Law Caucus then sought an order for access to the remaining paragraphs. The government filed under seal an unredacted version for in camera review.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the paragraphs did not fall under Exemption 7(E) which generally applies to information compiled for law enforcement purposes that would disclose techniques and procedures for law enforcement investigations or prosecutions. Because the paragraph headings could be analyzed as guidelines rather than techniques and procedures, plaintiff argued that the missing paragraphs were beyond the investigatory or prosecutorial stage and related solely to logistics of removal.

DEFENDANT'S CONTENTIONS: Defendant contended that the redaction of the three paragraphs was allowed under Exemption 7(E). One main purpose of the MOU was to establish procedures for the orderly and prompt acceptance of Vietnamese citizens ordered removed within this timeframe. As such it squarely fell within the exception as it served law enforcement purposes.

Result

The court agreed with defendant and granted summary judgment in its favor.