Abtew v. DHS, No. 14-5169 (D.C. Cir. 2015)
Annotate this CaseAfter DHS did not grant asylum to appellant, he appealed, and his case is now before the immigration court. While his case was pending in the immigration court, appellant filed a Freedom of Information Act (FOIA), 5 U.S.C. 500 et seq., request for the Department's “Assessment to Refer” regarding his asylum application. DHS concluded that its Assessment to Refer regarding appellant was exempt from FOIA under the deliberative process privilege encompassed within FOIA Exemption 5. The court agreed, finding that the Assessment to Refer was both predecisional and deliberative. The court rejected appellant's objections to that straightforward analysis and affirmed the judgment.
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