Burton v. Wolf, No. 18-55999, 2020 WL 1231218 (9th Cir. Mar. 13, 2020) (per curiam)

Burton v. Wolf, No. 18-55999, 2020 WL 1231218 (9th Cir. Mar. 13, 2020) (per curiam)

Re:  Request for records concerning requester referencing him documented by his estranged wife in her immigration proceedings

Disposition:  Affirming district court's grant of government's motion for summary judgment

• Exemption 6:  The Court of Appeals for the Ninth Circuit holds that the government properly "withheld [plaintiff's estranged wife's] A-File records under FOIA's Exemption 6."  The court finds that "DHS correctly concluded that the records contained in the A-File are exempted from disclosure as records similar to 'personnel and medical files.'"  Additionally, the court finds that "[t]he A-File records contain personal identifying information, as well as immigration status and, if [the requester] is correct, allegations of domestic abuse."  "The privacy interests implicated are therefore nontrivial within the meaning of Exemption 6."  Finally, the court finds that "[the requester] has failed to demonstrate a significant public interest or that the information sought would advance that interest."  Specifically, the court finds that the requester does not "suggest any reason why the disclosure of personal information in an isolated case would constitute an 'appreciable' or 'significant' advancement of the public's understanding of DHS's performance of its statutory duties."
   
• Litigation Considerations, Vaughn Index/Declaration:  Regarding the requester's contention that "DHS submitted an insufficient Vaughn index," the Court of Appeals for the Ninth Circuit finds that "[b]ecause the declaration provided [the requester] 'a meaningful opportunity to contest, and the district court an adequate foundation to review, the soundness of the withholding,' . . . the declaration was sufficient."