u.s.

Department of Homeland Security

Washington, DC 20229

u.s. Customs and

Border Protection

October 10, 2008

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

Re: Citizens for Responsibility and Ethics in Washington v. Department of Homeland

Security, No. 1:08-cv-Ol046.

Dear Mr. Holmes:

This is a supplemental response to your Freedom of Information Act (FOIA)

request to U.S. Customs and Border Protection, dated March 17, 2008 and received by
this office on March 18, 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 the construction of fencing along the border of the U.S.
and Mexico.

On September 2, 2008, we provided an initial response to the first part of your

request, in which you seek records concerning Ray L. Hunt, and/or Hunt Consolidated,
Inc., or any properties known to be owned by Ray L. Hunt or Hunt Consolidated. One
document was inadvertently omitted from that response. Enclosed please find a compact
disc containing the omitted document.

To provide you with the greatest degree of access authorized by law, we have
considered your request under both the FOIA, 5 U.S.C. § 552, and the Privacy Act, 5
U.S.C. § 552a. Information about an individual that is maintained in a Privacy Act
system of records may be accessed by that individual l unless the agency has exempted
the system of records from the access provisions of the Privacy Act. 2 However, I
determined that none of the withheld information is maintained in a system of records
that is retrievable by your name or other personal identifier. Therefore, that information
was processed under the FOIA.

1 5 U.S.C. § 552a(d)(I).

2 5 U.S.C. §§ 552a(d)(5), (j), and (k).

 A search of the Office of Border Patrol, Office of the Secure Border Initiative,
Office of Finance, and Office of Field Operations for documents responsive to the first
part of your request produced a total of 112 pages. Of those pages, 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), (b)(6) and (b)(7)(E). Records are partially withheld under
(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 (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. Finally, some records are partially or entirely withheld
pursuant to FOIA Exemption (b)(7)(E), which protects records compiled for law
enforcement purposes, the release of which would disclose techniques and/or procedures
for law enforcement investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could reasonably be
expected to risk circumvention of the law.

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 ofthis
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 DHS 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) 344-2500.

Sincere! ~~

Tif y T. Hixson
Executive Director, SBI Acquisition

Enclosure(s): Responsive Document Compact Disc

 (b) (6)

(b) (6)

(b) (6)
(b) (6)
(b) (6)

(b) (5)

(b) (5)

(b) (6)
(b) (6) (b) (6)
(b) (5)

(b) (6)
(b) (6)
(b) (6)

(b) (5)
(b) (5)

(b) (6)

(b) (5)
 (b) (6)

(b) (6)
(b) (6) (b) (6)
(b) (5)

(b) (5)
(b) (6)