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Law360, New York (December 22, 2015, 9:30 PM ET) — An Ethiopian man seeking asylum in the U.S. struck out in his bid to get a report the U.S. Department of Homeland Security used to deny his request, as the D.C. Circuit ruled Tuesday the document fell under an exemption to the Freedom of Information Act.
Three judges on the appeals court panel affirmed a district court’s ruling that the report — a short document prepared by a DHS official after interviewing the man, Anteneh Abtew — was privileged under FOIA’s “deliberative process” shield.