"DHS Entered Cases Not Received By EOIR" Report
| Tracking # |
2019-9207, DOJ-AP-2019-004295 2019-9207 |
| Submitted | Nov. 30, 2018 |
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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:
The report "DHS Entered Cases Not Received By EOIR" from the EOIR's CASE Database as of 11/30/2018.
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.
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Acknowledgement Letter
From: Department of Justice, Executive Office for Immigration Review
Matthew, please see FOIA response attached.
Wr/
Joseph R. Schaaf
Chief Counsel, Administrative Law
Executive Office for Immigration Review
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~WRD126
From: Matthew Hoppock
First, the request doesn't require the agency to run a new report. The request includes any actual versions of that report which have already been run by the agency. The agency does not purport to have searched for such responsive records.
Second, the claim that the agency doesn't have to run reports is a misunderstanding of how the FOIA works. FOIA requests for database records naturally require a "report" which is nothing more than the results of a database inquiry. We have asked for information contained in the CASE Database. The only mechanism in CASE for producing those data is to run a "report" from within CASE. If the agency has a different way to produce the data about DHS Entered Cases Not Received By EOIR without running a database inquiry, it could respond to the request that way.
Third running a database report is not creating a new record, because the record is the data itself, and the report only represents what data are contained in the database on that date and time. Of course the agency isn't required to edit its database information or edit its reports with different information to respond to a FOIA request. Ctr. For Pub. Integrity v. F.C.C., 505 F. Supp. 2d 106, 114 (D.D.C. 2007). But no court has held the agency can withhold database data by claiming running a database inquiry would be creating a new record.
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-2019-004295
* Request Tracking Number: 2019-9207
* Requester Name: Matthew Hoppock
* Date Submitted: 04/25/2019
* Appeal Status: Submitted
* Description: EOIR Appeal
From: Department of Justice, Executive Office for Immigration Review
DOJ-AP-2019-004295 has been processed with the following final disposition: Completely Reversed/Remanded
From: Department of Justice, Executive Office for Immigration Review
An interim response, stating the request is being processed.
From: Department of Justice, Executive Office for Immigration Review
An interim response, stating the request is being processed.
From: Department of Justice, Executive Office for Immigration Review
Matthew, please see remanded FOIA response attached.
Wr/
Joseph R. Schaaf
Supervisory Attorney-Advisor
Executive Office for Immigration Review
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~WRD126
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