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KACILAUSKAS v. DEPARTMENT OF JUSTICE
May 18, 1983
JUOZAS KACILAUSKAS, PLAINTIFF,
DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, DEFENDANT.
The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Juozas Kacilauskas ("Kacilauskas") sues the Immigration and
Naturalization Service of the Department of Justice ("DOJ") under
the Freedom of Information Act
("FOIA"), 5 U.S.C. § 552 ("Section 552")*fn1 and the Privacy
Act, Section 552a. Kacilauskas seeks compelled production of any
INS records concerning him.
Kacilauskas now moves for an order requiring DOJ to prepare
what has been known as a Vaughn index*fn2 — a comprehensive
itemization of each document (or "manageable" subdivisions
thereof), cross-referenced to the government's detailed
justification for invoking one (or more) of FOIA's nine
exemptions to disclosure. For the reasons stated in this
memorandum opinion and order, Kacilauskas' motion is denied.
DOJ's Office of Special Investigations ("OSI") has been
investigating whether Kacilauskas, a permanent United States
resident, participated in the Nazi persecutions during World War
II. If that inquiry substantiates his undisclosed complicity in
such Nazi activities, DOJ could take legal action to deport
After learning of the pending investigation some time in 1981,
Kacilauskas asked DOJ for access to all agency records pertaining
to him. On January 10, 1982 DOJ informed him:
1. All materials sought were compiled in the course
of the OSI investigation, and their disclosure would
impede that ongoing investigation as well as any
future deportation proceedings.
2. Accordingly the materials were exempted from
release under Section 552(b)(7)(A) ("Exemption
7(A)"), which protects "investigatory records
compiled for law enforcement purposes, but only to
the extent that the production of such records would
(A) interfere with enforcement proceedings. . . ."
On May 7 Kacilauskas' counsel wrote formally reiterating the
document request. On May 27 DOJ advised the request had been
forwarded to its New York office. No other response was given
within the time limit presented by Section 552(a)(6)(A)(i).
Kacilauskas has therefore exhausted his administrative remedies
pursuant to Section 552(a)(6)(C).
To justify nondisclosure of records under Exemption 7(A) the
government must show:
1. Those records were compiled for law enforcement
2. Their revelation would jeopardize law
Kacilauskas concedes satisfaction of the first criterion but
vigorously denies disclosure would hamper either the OSI
investigation or any resulting deportation proceedings. Instead
Kacilauskas urges he would be unduly handicapped in rebutting
DOJ's claim of interference without access to a Vaughn index
that (1) describes the factual nature of each document and ...
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