Case decision information for Immigration Judge James Miller
| Tracking # |
2021-50919 |
| Submitted | Aug. 24, 2021 |
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Communications
From: Brooke Bischoff
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Case decision information for Immigration Judge James Miller, including a list of cases heard by case type since date of hire, including the following information for each case:
IDNCASE IDNPROCEEDING CASE_TYPE APPL_CODE COMP_DATE IJ DECISION NAT_NAME
If available, please also include records indicating whether the Respondent was represented or pro se. Please provide these records in spreadsheet format.
This request is made on behalf of the Deportation Accountability Project, a non-profit organization that seeks to make deportation data publically available. These records will be made available to the public on our website www.deportationaccountabilityproject.org and will be also available to the public through Muckrock.
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,
Brooke Bischoff
From: Department of Justice, Executive Office for Immigration Review
Dear Brooke Bischoff: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 08/24/2021 and received 08/24/2021. Your request has been assigned control number 2021-50919. 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
Dear Ms. Bischoff: This correspondence is in responseto your Freedom of Information Act (FOIA) request dated 08/24/2021 to theExecutive Office for Immigration Review (EOIR) in which you seek theinformation described in your request. We have determined that you are anon-media, non-commercial requester pursuant to 5 U.S.C. §552(a)(4)(A)(ii)(III). As a non-media, non-commercial requester, you areentitled to two free hours of search time and up to one hundred pages ofduplication without charge. See 28 C.F.R. § 16.10(d)(4) (2019). To the extentthat any fees are accrued in the processing of your request, you will becharged for all search fees exceeding the two hours of search time. The costestimate to process your request as-filed is approximately $80 in search time.This cost estimate includes two free hours of search time and the time estimateto process your request is approximately four hours. Fees are assessed at arate of $40 per hour. 28 C.F.R. § 16.10(c)(1)(ii). No review fees or duplication fees will be assessed. 28 C.F.R. §16.10(e)(1). If you agree to the cost estimate, please notify EOIR is writingthat you agree to pay fees within 30 days of the original notice. 28 C.F.R. §16.10(e)(2). If we do not hear from you within 30 calendar days of the originalnotice, we will assume that you are no longer interested and your request willbe administratively closed. Sincerely, Shelley M. O'Hara Attorney Advisor (FOIA)
From: Brooke Bischoff
Good afternoon Ms. O’Hara,
We agree to the cost estimate and agree to pay the amount.
Thank you,
Brooke Bischoff
From: Department of Justice, Executive Office for Immigration Review
Dear Ms. Bischoff:
This correspondence is in response to your Freedom of Information Act (FOIA) request to the Executive Office for Immigration Review (EOIR) dated 08/24/2021 in which you seek records related to adjudications by IJ James Miller.
A search was conducted and records responsive to your request were located. You are granted full access to the records.
In e-mail correspondence dated August 28, 2021, you agreed to pay fees of up to $80.00 and to process your request. Please remit a check or money order for $80.00 payable to the “Treasury of the United States” and mail to U.S. Department of Justice, Executive Office for Immigration Review, Attn: FOIA Service Center, 5107 Leesburg Pike, Suite 2150, Falls Church, Virginia 22041. Please note that failure to pay agreed to fees may prohibit a requester from filing requests until the debt is satisfied. 28 C.F.R. § 16.10(i)(3). For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. See http://www.justice.gov/oip/foiapost/2012foiapost9.html.
You may contact the EOIR FOIA Public Liaison at (703) 605-1297 or EOIR.FOIArequests@usdoj.gov for any further assistance and to discuss 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.
If you are not satisfied with the Executive Office for Immigration Review’s determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP’s FOIA STAR portal by creating an account following the instructions on OIP’s website https://www.justice.gov/oip/submit-and-track-request-or-appeal.Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Shelley O'Hara
Attorney Advisor (FOIA)
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2021-50919 PASD #21-409
From: Department of Justice, Executive Office for Immigration Review
Dear Ms. Bischoff:
Thank you for your correspondence. Your request is off hold and is being processed.
Sincerely,
Shelley M. O’Hara
Attorney Advisor (FOIA)
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~WRD000
From: Brooke Bischoff
To Whom It May Concern:
Please find enclosed a check for $80.00 to satisfy the fee associated with the attached public records request.
Thank you.
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