EOIR August 2020 Scheduling Order Project Records
| Tracking # |
2021-09654 |
| Submitted | Dec. 11, 2020 |
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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:
On a December 9, 2020 webinar to announce the new "case flow processing" changes, Principal Deputy Chief Immigration Judge (acting) Mary Cheng referenced a "project" that had started in August, 2020 whereby the EOIR identified a set of cases and issued scheduling orders for them. From the description, it sounded like the cases identified were cases where an Immigration Judge had directed the respondent to file a relief application at the next hearing, and the hearing had then been continued. We are trying to understand what that project is, what it was called, how it began, why it began, and what the outcome was. In practice, some of the scheduling orders received in cases were issued by an Assistant Chief Immigration Judge who was not the presiding judge in the case and was not signed by the judge in the case. This created confusion for respondents in determining whether the order was actually binding in the case, why the order had not come from the judge in the case, and whether the judge was being directed by superiors to take certain actions in the case. To help understand this I am requesting the following records:
1. The email messages to and from Principal Deputy Chief Immigration Judge (acting) Mary Cheng referencing the following keywords from August 1 to August 31, 2020: "project," "scheduling order," or "trial queue."
2. Any policy memo or guidance sent to ACIJs from June 1, 2020 to August 31, 2020 regarding process described above and more fully described above.
For responsive emails, this request is intended to encompass the attachments to those emails as well. And where an email messsages appears in a "thread" this request is for all messages in that thread, even if they do not specifically mention the keywords above.
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
Dear Matthew Hoppock: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 12/11/2020 and received 12/11/2020. Your request has been assigned control number 2021-09654. 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 some 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. Additionally, 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: 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 Dec. 11, 2020. Please let me know when I can expect to receive a response.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Hoppock:
Please see the attached.
Sincerely,
Shelley M. O’Hara Attorney Advisor (FOIA)
From: Matthew Hoppock
Good morning. I paid the fee for case number 2020-60003 on April 5, 2021.
Thank you.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
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 Dec. 11, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-09654.
Thanks for your help, and let me know if further clarification is needed.
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