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No.

2011-3231 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

ROBERT J. MACLEAN, Petitioner,

DEPARTMENT OF HOMELAND SECURITY, Respondent.

RESPONDENT'S UNOPPOSED MOTION TO UNSEAL CASE

Pursuant to Rules 27 and 47.8 of the Federal Circuit Rules, respondent, Department of Homeland Security (DHS), respectfully requests that the Court unseal the record in this case. DHS has reviewed the briefs filed in this case, and the entire administrative record, and has determined that the case does not contain any information that may not be made public. Accordingly, the interest of justice does not require this case to remain sealed. Petitioner has indicated that he does not oppose this motion. Respectfully submitted,

STUART F. DELERY Principal Deputy Assistant Attorney General

JEANNE E. DAVIDSON Director

TODD M. HUGHES Deputy Director

MICHAEL P. GOODMAN Trial Attorney U.S. Department of Justice Civil Division PO Box 480 Ben Franklin Station Washington, DC 20044 Tel: (202) 305-2087 December 17, 2012 Attorneys for Respondent-Appellee

CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 17th day of December, 2012,1 caused to be sent by first class mail a copy of the foregoing "MOTION TO UNSEAL CASE" addressed to: Lawrence A Berger 7 Glen Street Suite 280 Glen Cove, NY 11542

Thomas Devine Legal Director Government Accountability Project 1612 K. St. NW, Suite 1100 Washington D.C. 20006

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