"Performance Dashboard" for each Immigration Judge
| Tracking # |
2018-46881-R, DOJ-AP-2019-002237 2018-46881-R FOIA-2018-46881, DOJ-AP-2018-008766 FOIA-2018-46881, DOJ-AP-2018-008765 FOIA-2018-46881 2018-46881 |
| Submitted | Aug. 21, 2018 |
| Est. Completion | None |
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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:
In March, 2018 Director McHenry announced to all Immigration Judges the implementation of new performance metrics for Immigration Judges. Those metrics go into effect on October 1, 2018. In an e-mail on March 30, 2018 Director McHenry also announced a "performance dashboard" that would be created for the agency to track each judge's performance in relation to the metrics. That Dashboard was anticipated to have gone online in April, 2018.
In anticipation of the new performance metrics going into effect, I am requesting the current dashboard for each of the immigration judges as of August 21, 2018. We would like to make future requests for these same data after the new performance metrics go into effect to determine whether and to what extent the new performance metrics have affected Immigration Judge decisions.
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
The request has been rejected by the agency.
From: Matthew Hoppock
The screenshot of the current performance dashboards is not "pre-decisional" as that term is defined in FOIA litigation. Documents that are "pre-decisional" only include documents that would be exempt from disclosure in the civil litigation context because they relate to a future or pending decision by the agency. NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 149 (1975); see FTC v. Grolier Inc., 462 U.S. 19, 26 (1983); Martin v. Office of Special Counsel, 819 F.2d 1181, 1184 (D.C. Cir. 1987); see also Attorney General's Memorandum for Heads of All Federal Departments and Agencies Regarding the Freedom of Information Act (Oct. 12, 2001), reprinted in FOIA Post (posted 10/15/01) (highlighting importance of protecting privileged information).
The dashboards have nothing to do with a decision the agency is preparing to make. As described when they were announced, the dashboards have already gone live so IJs can see how they are currently performing against the performance metrics that will go into effect in the future. The dashboards themselves have nothing to do with decisions the agency is planning to make. They're only tracking decisions the agency has already made (continuances granted, cases disposed of, etc.). The apply exemption b5 to these documents is to far outstretch the exemption.
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-2018-008765
* Request Tracking Number: FOIA-2018-46881
* Requester Name: Matthew Hoppock
* Date Submitted: 09/27/2018
* Appeal Status: Submitted
* Description: EOUSA appeal
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-2018-008766
* Request Tracking Number: FOIA-2018-46881
* Requester Name: Matthew Hoppock
* Date Submitted: 09/27/2018
* Appeal Status: Submitted
* Description: EOUSA appeal
From: Department of Justice, Executive Office for Immigration Review
see attached
From: Department of Justice, Executive Office for Immigration Review
DOJ-AP-2018-008766 has been processed with the following final disposition:
From: Department of Justice, Executive Office for Immigration Review
A no responsive documents response.
From: Matthew Hoppock
The EOIR has again denied this FOIA request but has failed to conduct an adequate search.
The request is for a a copy of the IJs' case completions "dashboards" which appear on their work computer and tell them how many cases they have completed for the year.
The agency claims it can't produce them because these are employee performance records, but that's false. The agency might use it for performance metrics, but the data they contain merely reflect the work the IJ has done so far in the year. That data is what I'm requesting, and any information about how an IJ's performance will be evaluated by the agency as a result of that data can be redacted if it is exempt.
The agency also claims taking a screenshot of them is "making a record" which it is not required to do. Respectfully, that is false. Most importantly, my FOIA request did not say it had to be a screenshot. The agency can comply with the request by giving us the database the system is querying to create the information presented in the dashboards. I would accept that data as responsive to this request.
The agency should comply by producing the data requested. A copy of the database would be sufficient.
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-2019-002237
* Request Tracking Number: 2018-46881-R
* 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-2019-002237 has been processed with the following final disposition: Affirmed on Appeal.
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