U.S.

Department of Justice
Office of Legal Counsel
Washington, D.C. 20530
June3,2016
Dale Wilcox
Executive Director and General Counsel
Immigration Reform Law Institute
c/o Ms. Julie B. Axelrod, jaxelrod@irli.org

Re:

FOIA Tracking No. FYlS-027; FAIR v. DOJ, No. 1:16-cv-591 (D.D.C.)

Dear Mr. Wilcox:

This is a final response to your Freedom of Information Act ("FOIA") request to the
Office of Legal Counsel ("OLC") dated January 23, 2015, on behalf of your client, the
Federation for American Immigration Reform, seeking records regarding OLC's November 19,
2014 opinion, The Department <Jf Homeland Security's Authority to Prioritize Removal of
Certain Aliens Un/av.fully Present in the United States and to Defer Removal a/Others, 38 Op.
O.L.C. 1 (2014), and other records regarding a 2012 action by the Department of Homeland
Security. As you know, the request is the subject of the above-captioned litigation, and OLC
previously responded to parts 3, 4, and 5 in a letter dated November 4, 2015. Pursuant to 28
C.F.R. 16.S(b), your request was processed in the complex track.
Our search ofOLC's files for records responsive to part 1 of your request has located
eleven records. Four of those records are enclosed, with material redacted pursuant to FOIA
Exemption Six, 5 U.S.C. 552(b)(6). The remaining seven records concern non-supervisory
career OLC staff and are being withheld in full pursuant to FOIA Exemption Six. Disclosure of
the redacted material or withheld documents would constitute a clearly unwarranted invasion of
personal privacy.
Our search of OLC's files for records responsive to part 2 of your request has located no
responsive records.
For your information, Congress excluded three discrete categories of law enforcement
and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This
response is limited to those records that are subject to the requirements of the FOIA. This is a
standard notification that is given to all our requesters and should not be taken as an indication
that excluded records do, or do not, exist.
Although your request is the subject of ongoing litigation, and administrative appeals are
not ordinarily acted upon in such situations, I am required by statute and regulation to inform

you of your right to file an administrative appeal. You may submit an appeal by writing to the
Director, Office oflnformation Policy, United States Department of Justice, Suite 11050 , 1425
New York Avenue, NW, Washington, DC 20530-0001 , or you may submit an appeal through
OIP's eFOIA portal at http://www.justice.gov/oip/efoia-portal.html. Your appeal must be
postmarked or transmitted electronically within sixty days from the date of this letter. If you
submit your appeal by mail, both the letter and the envelope should be clearly marked " Freedom
of Information Act Appeal."
Sincerely,

Paul P. Colborn
Special Counsel

cc:

Adam D. Kirschner, Senior Counsel

Civil Division, Federal Programs Branch

Enclosures

}OHNE. BIES
Home: (b) (6)
(b) (6)
(b) (6)
(b) (6)
Work: 1201 Pennsylvania Avenue N.W. Washington, D.C. 20004 (202) 662-5207 (b) (6) @cov.com

EXPERIENCE
Covington & Burling LLP
Partner, 2008 to present; Associate, 2001to2008; Summer Law Clerk, Summer 1999

Washington, D.C.

Extensive experience with significant internal corporate investigations and ~orporate crises, for clients
such as Adelphia Communications Corporation, Tyco International Ltd., and the District of Columbia

Water & Sewer Authority (WASA).

Represented clients in federal 9rand jury investigations, in S.E.C. and other regulatory enforcement
actions, and in Department of Justice and congressional investigations, in matters concerning accounting
and disclosure issues, related party trarisactions, the Foreign Corrupt Practices Act, law enforcement
compliance issues, and the S.E.C.'s oversight of broker-dealers and investment advisors.
Experience in complex civil litigation and international arbitration, including securities class actions
and derivative lawsuits, complex contractual disputes, Alien Tort Statute litigation, and constitutional
and tort litigation.

Pro bono: Second-chaired :murder trial with Montgomery County Public Defender's Office. Managed
Section 1983 litigation on behalf of wrongfully-convicted former prisoner, including successful district
court and Fifth Circuit arguments in opposition to dismissal on qualified immunity grounds.
Successfully argued against issuance of a preliminary injunction and for dismissal on behalf of D.C.
charity. Court-appointed counsel to indigent inmate in habeas appeal of sentence to the Third Circuit.
Chambers of the Hon. Sandra Lynch, U.S. Courtof Appeals for the First Circuit Boston, Massachusetts
Judicial Clerk, 2000-2001 Term
The Lawyers' Committee for Civil Rights Under Law (National Office)
Summer Legal Internship Program, Summer 1998

Washington, D.C.

EDUCATION
The University of Chicago Law School
Chicago, Illinois
Juris Doctor high honors, June 2000. Order of the Coif.
Managing Editor, The University of Chicago Law Review, Volume 67 Comment, Conditioning Forum Non
Conveniens, 67 U. Chi. L. Rev. 489 (2000) Careers in Public Service, Executive Board, 1998-99 Chicago
Law Foundation Board, 1998-1999 (funding student public interest work) Research assistant, the Hon.
Jack L. Goldsmith III (Winter 1999)
University of Minnesota
Minneapolis, Minnesota
Master of Arts in Political Science (Political Theory/American Politics), Fall 1997.
University Graduate School Fellowship, 1993-94 Instructor, "Introduction to Political Analysis" and
"Contemporary Political Ideologies" (b) (6)
Pomona College
Claremont, California
Bachelor of Arts cum laude in Politics, Philosophy & Economics, May 1993.
Honnold Fellowship for Graduate Study ASPC North Campus Senator & Election Supervisor (student
government) (b) (6)

Brian M. Boynton
(b) (6)

EXPERIENCE
Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC
Vice Chair, Government and Regulatory Litigation Group

2002 - Present
Partner since 2009

Member, Appellate Litigation Group and Business Trial Group

Constitutional Law: Experience litigating constitutional challenges to federal and state
legislation and advising clients on the constitutionality of proposed legislation. Matters
include:

Defense of multiple First Amendment compelled-funding challenges to federal and

state laws requiring producers of agricultural commodities to fund generic marketing
programs

Defense of the constitutionality of the immunity provision of the FISA Amendments

Act of 2008 in actions asserting that telecommunications companies cooperated with
alleged NSA counter-terrorism surveillance following the attacks of September 11,
2001

Representation of an industry association that intervened to defend California food

safety and animal welfare requirements against dormant Commerce Clause and
preemption challenges

A preemption and dormant Commerce Clause challenge to a District of Columbia law

that set price caps on patented prescription drugs

Administrative Law: Experience litigating and advising clients with respect to

Administrative Procedure Act (APA) challenges to federal agency actions. Matters include:

Defense of APA challenges brought by the oil industry and others to BP A Clean Air
Act waivers pern1itting the sale of gasoline with 15% ethanol

Representation of a trade association in an APA and McCarran-Ferguson Act challenge

to the application of HUD regulations to homeowners insurance

Defense of APA challenges to EPA regulations relating to sale of gasoline with 15%
ethanol

Representation of patent holders in APA challenges to PTO decisions regarding patent

term adjustments, patent term extensions, and patent maintenance fee payments

Representation of a prescription drug wholesaler in an AP A challenge to a DEA order

and related administrative proceedings before an ALI

Commercial and Regulatory Litigation: Experience litigating a broad range of commercial

and regulatory disputes. Matters include:

Representation of a juice manufacturer in the Supreme Court and the court of appeals in
a false advertising case involving the interaction of the Lanham Act and the FDA's
regulation of juice products under the Food, Drug, and Cosmetic Act
I

Representation of a telecommunications company in a False Claims Act case raising

questions about the scope of the first-to-file bar and the applicability of the publicdisclosure bar

Defense of a Sherman Act challenge brought against a cellular network equipment

manufacturer

Defense of a Fair Housing Act challenge brought against a secondary market purchaser
of subprime mortgages

Representation of a patent licensee in patent infringement litigation and in patent

validity litigation raising questions about the public-use bar and the scope of the waiver
of sovereign immunity in the AP A

A breach of contract action involving the ownership of The Salt Lake Tribune

U.S. Court of Appeals for the District of Columbia Circuit, Washington, DC

2001- 2002

Law Clerk to then Chief Judge Douglas I-I. Ginsburg

Co-author: Douglas I-I. Ginsburg & Brian M. Boynton, The D. C. Circuit Review August 2000 July 2001: The Court En Banc: 1991-2002, 70 GEORGE WASHINGTON LAW REVIEW 259 (2002)
U.S. District Court for the Northern District of California, San Francisco, CA

2000 - 2001

Law Clerk to Judge Vaughn R. Walker

EDUCATION
Stanford Law School, J.D., 2000, Order of the Coif

1997 -2000

Stanford Law Review; East Palo Alto Community Law Project

Advanced Constitutional Law Workshop: Brian M. Boynton, Democracy and Distrust After Twenty
Years: Ely "s Process Theory and Constitutional Law from 1990 to 2000, 53 STANFORD LAW
REVIEW 397 (2000)
Dartmouth College, A.B. Economics, 1997, Summa Cum Laude

Phi Beta Kappa; National Merit Scholarship recipient; (b) (6)

OTHER INFORMATION

Member of the California and District of Columbia bars

(b) (6)

1993 -1997

DANIEL L. KOFFSKY
otr" (2v2)(b)

(b) (6)

(6)

Res. (b) (6)

PROFESSIONAL (PERIENCE
U.S. Dqrarfuent of Justice, Office of Legal Counsel, V/ashington, D.C., 1989-present
Special Counsel (Senior Executive Service), 1993-preselt
Senior Counsel, t99 L-1993

Acting Assistant Attomey Genral, January-August 1993; February-October 2001

Acting Deputy Asdstant Attomey General, August 1993-January 1994; August
l998-February 2001

My responsibilities have included drafting opinions, preparing congressional testimony

and cornrrents on proposed legislation" and providing less fomral advice. The Office of
I-egal Counsel nswers refluests fromthe \ilhite House Counsel, officials of the
Department of Justice (including the Attorney General and tl Deputy Attorney
General), and other agencies in the Executive Branch- My areas of practice inchlde
conflict of interest regulation, national security law, and administrative law. f arn the
ethics official for Office of Legal Counsel As Acting Assistant Attorney General, I was
in charge of office and supervised approximately 15 attorneys.
Pepperr:Hamilton & Scleeta TVashington, D.C., 1987-1989
Partner
My chief areas of practice were administrative law and govemnlent regulation I
handled proceedings before the Federal Energy Regulatory Conrnission and assisted in
proceedings before the Interstate Corrnerca srrmi ssion
\MaId, Harkrader S Ross, V/ashington" D.C.,1979-t987
Parhrer, 1986- 1987 ; Associate, 1979 -t985

My chief practic,e areas were as noted above, as well as atitrust and environrnental law. The
firrncouibined withPepper, Hamilton & Scheetz in 1987.
United Stats Court of Appeals for the Third Cirsdt, 1978-1979
Law Clerk to Judge Max Rosenn

EDUCATION
Yale Law School, J.D. (1978)
Member, Board of Editors, Yale Law Journal
Research and editorial assistant for two faculty rnnrbers

Harvard College, 4.8., magna cumlaude in history

and literature (1975)

PhiBetaKappa
Harvard National Scholarship
National Merit Scholarsh
Detur BookPrize
Edwards Whittaker Scholarship

WR TINGS AND SPEECIIES

Coming to Terms with Bureaucratic Ethics,11 J.L. & Pol 235 (1995)
The Appear&nce

ofWrongdaing,6 Geo. J. LegalEthics 501 (1993)

Note, Ordcrs to Move On and the Prevention af Crme,81 Yale L.J. 603 (1978)
Spaker, Inragency Ethis Corncil (2002): "The Ernolunents Clause and the Foreign Gifts and
Decorations Act"
Speaker, Intelligence Comrunity Legal Conference (1998)

Testimny on Behalf of Departrne,nt of Justice (with Joseph Onek),

Corrunite (1998): 'Thg Vacancies Act"

Senate Govemn.ntal Affairs

Speaker, Office of Governrnent Etbics Anrual Conference (1997): 'The Ehnolunents Clause aod the
Foren Gifts and Decorations Act"
Speaker, Office of GovernmentEthics Anual Confere.nce (1995): "The Anti-Lobbying Act"
Speaker, Officeof GovernrentEthicsAnnualConference (L994): 'Roleof theJusticeDeparnnentin
Ethics Connseling"
Speaker, meeting of the Adrninistrative Law and Regulatory Practice Section of the American Bar
Association (1990): "Authority of Inspectors General'

PUBLISHED OPINIONS SIGNED

AS ACTTNC ASSISTANT ATTORNEY GENERAL

OR,

ACTING DEPUTY ASSISTANT ATTORT{EY GENERAL

Emolument s Clause and, World, B ank, 2m

I IVL

34610590 (O.L.C. )

Whether Section 501(c) of the Ethics in Government Act Rem"ains in Effict After Invaldntion
Section 501(b) (March 1, 2001) (available on Office of Governrne,nt Bthics web site)

Applcation of 18 U.S.C.
3397ffiz (O.L.C.)

of

207(d) to Cenain Empl.oyees of the Tresury Departmen, 2000 \ryL

Applicblity of Federal Varancies Reforrn Act to Vacancies at the Internati,onl Monetary Fund
and theWorld. Bank,2W WL 16981 (O.L.C.)

Autlwrity of tltc Advisory oardfor Cuba Broadcasting to Act in the Absence of a Presidentialty
D e s gnat e d Chirp e rs on, 2}ffi WL 337 I 6862 (O. L. C. )
Appointtnent of a Senate-Conft,rmcd Nominee (Aet- 12, 1999) (available on OI-C web site)

Applicability of 18 U.S.C. S 219 to Representatve Members of Federal Advisory Commttees,

1999 V, 33227 525 (O.L.C.)
Terut of a Member af thc Msissippi River Commission, 1999 WL 33219990 (O.L.C.)

Applicability of 18 U.S.C. # 207(c) to the Briefi.ng and Arguing of Cses inWhich the
Depaftment of lustice Represents a Party,lT Op.O.L.C. 37 (1993)
Applicabitity of the Civil Servce Provisions of Title 5 of the Ilnited States'Code to the United
States Enrclwnent Catporati.on,lT Ap. O.L.C. n Q993)

GOVERNMENT A\ilARDS
Meritorbus Executive Awmd (cooferredby the President), 2001
Superior Honor Award, Deparfinent of Sta, 2004

Medal for Exceptional Civilim Service, Office of the Secretary of Defense ,2002
The Attorney General's Award for Excellence in Furthering the Interests of U.S. National Security,
2000
3

Director's Award, Executive Office for United Stas Attrneys, 1993

Senior Executive Service Performance Awards, 1994, t995, L996, 1997, 1998, 1999,2W,2W,
2W3,2004 (ineible in 2001 because of Meritorious Executive Award that year); Special
Achieveme,nt Awards, Office of Legal Cotmsel, L99I,1992, and 1993

PERSONAL

(b) (6)

KARL REMON THOMPSON

(b) (6)

(b) (6)

(b) (6)

@omm.com

EXPERIENCE
O'Melveny & Myers, LLP, Washington, DC.
Counsel, January 2006-present. Associate, December 2003-December 2005.
Specialize in International and Appellate Litigation. Represent major corporations and
other clients in cases involving foreign parties, tran.sactions, or occurrences; international
law; and U.S. laws governing extraterritorial conduct. Also represent clients in matters on
appeal, filing briefs before state and federal appellate courts, including the United States
Supreme Court, and arguing appeals in state and federal court.
United States Supreme Court, Washington, DC.
Law clerk to the Hon. Ruth Bader Ginsburg, July 2002-July 2003.
Kellogg, Huber, Hansen, Todd, Evans, & Figel, PLLC, Washington, DC.
Associate, September 2001-May 2002.
United States Court of Appeals for the DC Circuit, Washington, DC.
Law Clerk to the Hon. David S. Tatel, August 2000-July 2001.
Office of Congressman Luis V. Gutierrez, Chicago, IL.
Congressional Aide, May 1993-0ctober 1993.
United States Senate Committee on Labor and Human Resources, Washington, DC.
Legislative Intern, November 1992-March 1993.
EDUCATION
University of Chicago Law School, Chicago, IL. JD with High Honors, June 2000.
Law Review: Articles Editor, 1999-2000; Staff Member, 1998-1999.
Latino Law Students Association. International Law Society. Order of the Coif.
Cambridge University, Cambridge, England. PhD in Political Theory, July 1998.
Internal Graduate Studentship (full PhD funding) at Trinity College.
Academic Supervisor, 1995-1997. Taught political theory to undergraduates.
Cambridge University, Cambridge, England. MPhil in Social and Political Sciences, July 1992.
Charles Henry Fiske Scholar at Trinity College.
Harvard University, Cambridge, MA. BA in Physics, June 1991.
John Harvard and Harvard College Scholarships, 1989-1991. Teaching Fellow, 1989-1990.
(b) (6)
.
Evanston Township High School, Evanston, IL. Graduated 1987. Valedictorian.
MISCELLANEOUS

(b) (6)
. Admitted to New York and Washington, D.C. bars.