Olivares v. TSA, No. 15-1001 (D.C. Cir. 2016)Annotate this Case
Petitioner, a foreign alien from Venezuela, seeks review of the TSA's determination that petitioner was a risk to aviation and national security, and denial of his application for FAA-certified flight school training. The Vara Declaration confirms that the internal agency materials express TSA’s reasoned, contemporaneous explanation for its decision. The internal agency materials, as illuminated by the Vara Declaration, offer a clear and reasonable statement of the grounds upon which TSA relied in denying petitioner’s application for flight training. Furthermore, the Declaration and the internal agency materials to which it refers are not impermissible post hoc rationalizations. Because petitioner and the court have a written statement explaining the grounds and rationale for TSA's action, and because the court found the agency action against petitioner was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, the court concluded that there is no need to remand the case for further review. Accordingly, the court denied the petition for review.