Gahagan v.USCIS, No. 15-2540, 2017 WL 3393993 (E.D. La. Aug. 8, 2017) (Vance, J.)

Gahagan v.USCIS, No. 15-2540, 2017 WL 3393993 (E.D. La. Aug. 8, 2017) (Vance, J.)

Re:  Request for records concerning plaintiff's client

Disposition:  Granting defendant's motion for summary judgment

• Exemption 5, Attorney-Client Privilege:  The court holds that "USCIS has adequately explained its conclusion that the withheld portions of [certain] [r]ecords . . . fall within exemption five, specifically under the attorney-client privilege."  The court finds that "[t]he relevant index entries explain that the redacted portions of [these] [r]ecords . . . consist of discussions between [a] USCIS attorney . . . and non-attorney personnel concerning the filing of a Mandamus action in federal court."  " Importantly, the entries elaborate on this claim by providing the source and recipient of the communications, as well as a description of the matters discussed."
   
• Exemption 5, Deliberative Process Privilege:  The court holds that, "in addition to the attorney-client privilege, USCIS has adequately explained that the withheld portions of [the] [r]ecords [at issue] also fall under the deliberative process privilege."  The court finds that "USCIS's detailed index entries show that the redacted portions of [these] [r]ecords . . . involve initial discussions between USCIS counsel and agency personnel related to defending a lawsuit."  "The revised Vaughn index also explains the connection between those communications and concerns for candid decisionmaking discussions regarding agency functions."
   
• Litigation Considerations, "Reasonably Segregable" Requirements:  "The Court finds that [the] detailed Vaughn index entries, combined with USCIS's declaration that a segregation analysis was conducted, demonstrate that the documents in question are not further segregable."