FOIA Advisor

Court opinions issued Feb. 28, 2023

Court Opinions (2015-2023)Allan BlutsteinComment

N.Y. Times. v. U.S. Dep't of Educ. (S.D.N.Y.) -- finding that: (1) agency justified its reliance on Exemption 5’s deliberative process privilege to withhold all but three disputed documents pertaining to a school safety commission, and (2) agency properly invoked Exemption 7(A) to withhold FBI and DHS reports related to ongoing investigations into school safety incidents

Longas-Palacio v. USCIS (S.D. Tex.) -- concluding that USCIS properly withheld certain records pertaining to plaintiff’s removal proceedings pursuant to Exemption 3, in conjunction with 49 U.S.C.§ 114(r) (“No-Fly” list), as well as Exemption 5’s deliberative process privilege and Exemptions 6, 7(C), and 7(E).

Summaries of all published opinions issued since April 2015 are available here.