|Submitted||Aug. 5, 2021|
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To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Any and all written communications (electronic or otherwise) sent to or from any of the EOIR employees listed below, between Oct. 1, 2019, and the date of processing for this request. Please conduct a search using the following exact phrases, as well as any other phrases or search parameters that may be appropriate: “no contact docket”, "undeliverable," “returned to sender”, "returned to EOIR," or “returned to the Court.” I am also requesting any and all records (electronic or otherwise), such as internal policy documents or court directives, that pertain to the Denver Immigration Court's handling of notices of hearing that are returned to the Court as undeliverable. I have recently learned that the Court operates a "no contact docket," where cases are handled on an expedited basis after a hearing notice is returned to the Court as undeliverable, and that these cases result in in absentia removal orders.
The search should include records where the above-listed EOIR employees were included in any of the "To," "From," "CC," or "BCC" fields.
Matthew W. Kaufman
Brea C. Burgie
Kerri A. Calcador
Melanie K. Corrin
Ivan E. Gardzelewski
Alison R. Kane
Donald C. O'Hare
Eileen R. Trujillo
Jason E. Burke
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.
Dear Evan Benz: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 08/05/2021 and received 08/05/2021. Your request has been assigned control number 2021-47099. 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 firstname.lastname@example.org; telephone at (202) 741-5770; toll free at (877) 684-6448; or facsimile at (202) 741-5769. Sincerely, FOIA Intake
Dear Mr. Benz: This correspondence is in response to your Freedom of Information Act (FOIA) request dated and received 08/05/2021 to the Executive Office for Immigration Review (EOIR) in which you seek "internal policy documents or court directives that pertain to the Denver Immigration Court's handling of notices of hearing that are returned to the Court as undeliverable." A search of our records did not locate any records responsive to your request. Therefore, your request has been administratively closed. 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 If you need any further assistance or would like to discuss any aspect of your request, please contact the EOIR FOIA Public Liaison at (703) 605-1297 or EOIR.FOIArequests@usdoj.gov. 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 email@example.com; 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,
Attorney Advisor (FOIA)