CFM Correspondence re Regulatory Compliance

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

2022-13199

Status
Completed

Communications

From: Matthew Hoppock

To Whom It May Concern:

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

Certain records that reveal whether those within EOIR who planned and implemented the "case flow processing" memorandum considered its extensive violation of the agency's regulations.

To start, I am looking for a small sample of email messages and may file broader requests depending on the results. To that end, I am asking for the email messages to and from Tracy Short between September 1, 2020 and December 5, 2020 mentioning the keyword "1240.10"

I am also asking for attachment to the email message from Tracy Short to James McHenry sent on 11/17/2020 at 2:19 PM with the subject line "CFM."

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 12/02/2021 and received 12/02/2021.  Your request has been assigned control number 2022-13199. 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 Mr./Ms. Hoppock:
This correspondence is in response to your Freedom of Information Act (FOIA) request to the Executive Office for Immigration Review (EOIR) dated 12/02/2021 in which you seek certain records described in your request
A search was conducted and records responsive to your request were located. You are granted full access to the records.  Specifically, the attachments you requested are enclosed.  No other responsive records were discovered.
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 correspondence and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Joseph Schaaf
Supervisory Attorney Advisor (FOIA)

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