Disciplinary Action Against BIA Members
| Tracking # |
2019-2130, DOJ-AP-2019-002160, A-2020-00224 2019-2130, DOJ-AP-2019-002160 2019-2130, DOJ-AP-2019-002160, 2019-33676 2019-2130, DOJ-AP-2019-002160 2019-2130 |
| Submitted | Oct. 12, 2018 |
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Communications
From: Matthew Hoppock
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1. The records of any disciplinary action taken against any permanent or temporary members of the Board of Immigration Appeals since January 1, 2013.
2. The records of any complaints filed against any permanent or temporary members of the Board of Immigration Appeals since January 1, 2013.
3. The records related to any temporary or permanent members of the Board of Immigration Appeals being restricted from entering the BIA's building since January 1, 2013.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Matthew Hoppock
From: Department of Justice, Executive Office for Immigration Review
An acknowledgement letter, stating the request is being processed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 12, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-2130.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 12, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-2130.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Matthew, please see FOIA response attached. Wr/JRS
From: Matthew Hoppock
The agency invokes exemption b6 but has not explained or demonstrated why the withheld information is subject to that exemption or why the records can't be redacted to prevent the invasion of personal privacy.
BIA members are employees of the Department of Justice. The agency has already been ordered by a court to turn over its disciplinary records regarding Immigration Judges, including identifying their names. There is no meaningful reason (and none expressed in the denial letter) why Board Member discipline should be treated differently.
EOIR improperly invoked Exemption 6 to claim that any complaints against BIA members would necessarily need to be withheld in full because of privacy concerns. First, there are no privacy concerns at stake here. See AILA v EOIR, No. 13-cv-00840 (D.D.C. filed June 6, 2013).
Second, there is no reason these records couldn't be redacted to limit the release of the BIA member's name.
The public interest is especially high. A BIA member was apparently banned from the BIA building as a disciplinary measure in response to a complaint filed with the agency. The public has a right to know what the agency found to have occurred, who the member was, and why they were given such an extreme and serious punishment.
From: Department of Justice, Executive Office for Immigration Review
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2019-002160
* Request Tracking Number: 2019-2130
* Requester Name: Matthew Hoppock
* Date Submitted: 01/28/2019
* Appeal Status: Submitted
* Description: EOIR Appeal
From: Department of Justice, Executive Office for Immigration Review
DOJ-AP-2019-002160 has been processed with the following final disposition: Completely Reversed/Remanded
From: Department of Justice, Executive Office for Immigration Review
Matthew, please see FOIA remand response for 2019-2130 and 2019-8865 attached.
Wr/
Joseph R. Schaaf
Senior Counsel for Administrative Law
Executive Office for Immigration Review
-
~WRD000
From: Department of Justice, Executive Office for Immigration Review
Matthew, please see FOIA remand response for 2019-2130 and 2019-8865 attached.
Wr/
Joseph R. Schaaf
Senior Counsel for Administrative Law
Executive Office for Immigration Review
-
WRD000_oFMOG8f
From: Matthew Hoppock
The agency has unlawfully withheld the April 11, 2013 decision letter response to request 2019-2130. The agency states it can't be released because it was placed into the employee's Official Personnel File. However, the letter itself is not exempt, even placing it into the personnel file makes that record a disciplinary record. Other copies of the same document not placed in the employee's file would be releasable. Further, the agency does not explain why the record could not be redacted to avoid any unwarranted invasion of personal privacy. Finally, there is no reason the record cannot be released as a whole, without redaction, given that the public interest firmly outweighs the privacy interest at stake. And aside from the decision letter itself, other items related to the investigation would clearly be releasable. Note that the 2013 items that resulted in the April 11, 2013 disciplinary letter does not appear on the 2013 complaint log, indicating there may be additional responsive documents the agency has not yet identified. All such records should be produced consistent with the FOIA.
Matthew Hoppock
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 12, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-2130, DOJ-AP-2019-002160.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Office of the Attorney General
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2020-00224 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
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