E-mails to IJs re Metrics and Dashboard

Matthew Hoppock filed this request with the Department of Justice, Executive Office for Immigration Review of the United States of America.
Tracking #

2018-49990, DOJ-AP-2020-001301

2018-49990

Status
Completed

Communications

From: Matthew Hoppock

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All e-mail messages to the following list of e-mail addresses from March 30, 2018 to the date this request is processed containing either of the following terms: "performance metrics" or "dashboard." This includes e-mail messages where the following addresses are found in either the "to" field, the "cc" field, or the "bcc" field.

Addresses:
All_of_Court_Administrators@EOIR.USDOJ.GOV
All_of_Judges@EOIR.USDOJ.GOV
MaryBeth.Keller@EOIR.USDOJ.GOV
Scott.Rosen@EOIR.USDOJ.GOV
Christopher.Santoro@EOIR.USDOJ.GOV
Mark.Pasierb@EOIR.USDOJ.GOV
Susana.Ortiz-Ang@EOIR.USDOJ.GOV
Karen.Manna@EOIR.USDOJ.GOV
Mark.Kuschel@EOIR.USDOJ.GOV

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: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Thank you for your inquiry. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 6 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Thank you for your inquiry. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 4 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Thank you for your inquiry. A First Response was sent to you on April 16, 2019. We are continuing to process your request. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 4 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Mr. Hoppock:

Thank you for your inquiry. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 3 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Thank you for your inquiry. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 2 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Matthew, we are trying to close out our oldest requests. Please let us know if you still want these materials. If we don't hear from you within 30 days, we will assume you no longer need this information and will close your case administratively.

Wr/
Joseph R. Schaaf
Chief Counsel, Administrative Law
Executive Office for Immigration Review

From: Matthew Hoppock

Yes, I’ve sent monthly status update requests since filing this request. I was told in June the agency was working on this request. I still want these records.

Matthew Hoppock

From: Department of Justice, Executive Office for Immigration Review

OK thanks, I believe we sent a partial some time ago. We will continue to process. Wr/JRS

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Thank you for your inquiry. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as “complex” and is number 2 on our “complex” docket.

Sincerely,

Shelley M. O’Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

A no responsive documents response.

From: Matthew Hoppock

I am writing to appeal the determination in this case.

First, there are a number of appeals coded (b)(5) or "DP" which do not appear to be exempt.

Second, there are a number of redactions listed "Duplicate." This is not an appropriate FOIA redaction. For e-mail threads it is critical to know what message a writer was responding to. Even if that text was provided in a separate iteration of the e-mail (e.g. in someone else's response to it) the agency has no authority to redact it as a duplicate, and doing so makes it impossible to know what the e-mail thread was about.

Third, some portions are redacted as "non-responsive" but they appear in e-mail threads where responsive information does exist. If an e-mail is responsive, its entire text is responsive and should be produced in full.

Fourth, for a number of e-mails an attachment is listed but was not produced. For example, the May 16, 2018 5:30 PM e-mail from Mary Beth Keller (page 59 of "Doc 03-M.Keller_Redacted_96_pages.pdf") lists two attachments that appear to be responsive, but neither was produced. All such attachments should have been produced.

From: Matthew Hoppock

Joseph, I'm noticing certain discrepancies in these records. For example, in the document called 2018-49990-Doc_03-M.Keller_Redacted_96_pages.pdf at page 65, the appear to be random letters missing from the e-mail message. These include letters in the writer's e-mail signature. They don't appear to be redactions. Can you help us understand what happened here? Thank you.

Matthew Hoppock

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-2020-001301
* Request Tracking Number: 2018-49990
* Requester Name: Matthew Hoppock
* Date Submitted: 12/09/2019
* Appeal Status: Submitted
* Description:
EOIR Appeal

From: Matthew Hoppock

Has there been any resolution of this appeal, tracking number DOJ-AP-2020-001301?

Matthew Hoppock

From: Matthew Hoppock

Has there been any resolution of this appeal, tracking number DOJ-AP-2020-001301?

Matthew Hoppock

From: Department of Justice, Executive Office for Immigration Review

Mathew, my last communication with OIP on this appeal was 3/2/2022. JRS

From: Department of Justice, Executive Office for Immigration Review

The Office of Information Policy has made its final determination on your FOIA Appeal Number DOJ-AP-2020-001301 .  A copy of this determination is enclosed for your review, along with any enclosures, if applicable.  Thank you.

From: Department of Justice, Executive Office for Immigration Review

Dear Matthew Hoppock: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 05/09/2022 and received 05/09/2022.  Your request has been assigned control number 2022-37003. The FOIA requires an agency to respond within 20 working days after receipt of the request, and EOIR endeavors to meet this standard. The FOIA permits a ten-day extension of this time period, pursuant to 5 U.S.C. § 552(a)(6)(B), based on unusual circumstances. Your request involves “unusual circumstances,” and EOIR is extending the time period to respond by an additional 10 working days because your request requires the collection of records from field offices, or involves a search, collection, and review of voluminous records, or requires consultation with another agency or two or more agency components. Please be advised that due to necessary operational changes as a result of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak, there may be significant delay in the processing of your request. EOIR FOIA requests are placed in one of three tracks. Track one is for those requests that seek and receive expedited processing pursuant to subsection (a)(6)(E) of the FOIA. Track two is for simple requests that do not involve voluminous records or lengthy consultations with other entities. Track three is for complex requests that involve voluminous records and for which lengthy or numerous consultations are required, or those requests that may involve sensitive records. Your request has been placed in track three for complex requests. If you have filed an application for a fee waiver, EOIR will address your request in a separate letter. Additionally, if you have requested expedited processing, EOIR will contact you in a separate letter. If you have any questions regarding unusual circumstances, you may contact the EOIR FOIA Service Center or FOIA Public Liaison at (703) 605-1297 to discuss reformulation or an alternative time frame to process your request, or for any further assistance regarding any aspect of your request. Alternatively, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at (202) 741-5770; toll free at (877) 684-6448; or facsimile at (202) 741-5769. Sincerely, FOIA Intake

From: Department of Justice, Executive Office for Immigration Review

Matthew, please see attached. The documents were too large to send via email. They were sent to your PAL account.

Joseph Schaaf
Supervisory Attorney (FOIA)

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