Immigration Law

PERM FOIA Litigation Victory: Gluckman v. DOL

"On March 15, 2012, Plaintiff, an immigration attorney, requested documents under FOIA from the OFLC regarding OFLC’s Program Electronic Review Management System (“PERM”). ... The 272 relevant withheld documents are better characterized as compiled for audit purposes—the documents list audit criteria, itemize the procedures OFLC staff should take when processing applications with specific audit criteria present, and contain templates of audit notification letters. To construe these documents as “compiled for law enforcement purposes” would improperly broaden the meaning of the term. As such, the Court holds that Exemption 7(E) is inapplicable to the 272 documents at issue in this matter. ... The Court’s in camera review of a portion of the relevant documents reveals that the withheld documents are not predecisional in nature. As such, Exemption 5 is inapplicable to the 272 documents withheld by Defendant as a matter of law. ... the Court GRANTS Plaintiff’s Motion for Partial Summary Judgment on the exemption‐based issues." - Gluckman v. DOL, Nov. 26, 2013.  [Hats off to David E. Gluckman and Jonathan L. Moore!]