2019 Charlotte IJ BIA Remands

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


Est. Completion None
Payment Required


From: Evan Benz

To Whom It May Concern:

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

The decisions issued by the Board of Immigration Appeals in FY2019 (Oct. 1, 2018 to Sept. 30, 2019) arising from cases decided by the following Immigration Judges: Theresa Holmes-Simmons, V. Stuart Couch, Rodger C. Harris, Barry J. Pettinato, and George W. Riggs. Specifically, I am requesting BIA decisions that were classified as either administratively closed, background check remand, and/or remand.

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.


Evan Benz

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 Atty. Benz:

We are in receipt of your FOIA request dated February 6, 2020 requesting certain BIA decisions. This is currently #100 of 136 pending complex FOIA requests.

Your request category has been determined to be a commercial use request, or a "request that asks for information for a use or purpose that furthers a commercial trade, or profit interest, which can include furthering those interests through litigation." See 28 C.F.R. 16.10(b)(1). In that regard, you are responsible for all direct costs associated with the processing your request, including search (if document volume exceeds 5000 pages), review and duplication fees. See 28 C.F.R. 16.10(b)(2).

As this is a significant undertaking, we estimate fees to produce the records will exceed $250.00. Therefore, please forward a check for $250.00 payable to "U.S. Treasury" to our address at:

U.S. Department of Justice
Executive Office for Immigration Review
Office of General Counsel - FOIA Service Center
5107 Leesburg Pike, Suite 2150
Falls Church, VA 22041

If we do not hear from you within 30 calendar days, we will assume you no longer need this information, and close your request administratively.

Joseph R. Schaaf
Supervisory Attorney-Advisor (FOIA)
Executive Office for Immigration Review