u.s.

Department of Homeland Security

Washington, DC 20229

u.s. Customs and

Border Protection

December 17, 2008

William C. Holmes
Citizens for Responsibility and Ethics in Washington
1400 Eye Street NW, Suite 450
Washington, DC 20005

Re: Citizensfor Responsibility and Ethics in Washington v. Department ofHomeland

Security, No. 1:08-cv-0 1046.

Dear Mr. Holmes:

This is the third in a series of responses to the second part of your Freedom of
Information Act (FOIA) request to U.S. Customs and Border Protection, dated March 17,
2008. You are seeking any and all records concerning Ray L. Hunt, and/or Hunt
Consolidated, Inc., or any properties known to be owned by Ray L. Hunt or Hunt
Consolidated, and any and all records, regardless of format, concerning deliberations,
standards, and criteria encompassing the decision-making process surrounding where SBI
fencing should be constructed along the U.S. border with Mexico.

On October 17,2008 and November 17,2008, we produced 1000 pages of

records responsive to the second part of your request, in which you seek any and all
records concerning deliberations, standards, and criteria encompassing the decision­
making process surrounding where SBI fencing should be constructed along the U.S.
border with Mexico. The instant response is the third production of records responsive to
the second part of your request.

The instant response produces documents originating exclusively from within the
Office of the Secure Border Initiative, within the Office of the Commissioner. Of these
documents, I determined that certain documents are to be either partially withheld or
withheld in their entirety pursuant to Title 5 U.S.C. § 552(b)(5) and (b)(6). Records are
partially withheld under 5 U.S.C. § 552(b)(5) because they represent the agency's
deliberative process, the release of which would discourage the expression of candid
opinions and inhibit the free and frank exchange of information among agency personnel.
Records are also partially withheld under 5 U.S.C. § 552(b)(5) because they contain
confidential communications between an attorney and his client. Additionally, FOIA
Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy.
 Although I am aware that your request is the subject of ongoing litigation and that
appeals are not ordinarily acted on in such situations, I am required by statute and
regulation to inform you of your right to file an administrative appeal. If you are not
satisfied with my action on your request, you may administratively appeal from this
partial denial by writing to the FOIA Appeals Officer, Regulations and Rulings, Office of
International Trade, U.S. Customs and Border Protection, 1300 Pennsylvania Ave., NW,
Mint Annex, Washington, D.C. 20229, within sixty (60) days after the date of this
determination letter. The appeal must be in writing and signed; contain your name and
address; date of the initial request; date and control number of the letter denying your
request; description of the records or information withheld; and reason(s) you believe that
the records or information should be disclosed. Your appeal letter and mailing envelope
should be marked "FOIA Appeal." Copies of the FOIA and DRS regulations are
available at www.dhs.gov/foia.

If you need to contact our office again about this matter, please refer to 1:08-cv-
01046. This office can be reached at (202) 344-2485.

Sincerely,

/UrIZL~/
Mark S. Borkowski
Executive Director
Secure Border Initiative
U.S. Customs and Border Protection

Enclosure(s): Responsive Documents Compact Disc