E-mails to IJs re Metrics and Dashboard

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

2020-24486

Status
Rejected

Communications

From: Matthew Hoppock


To Whom It May Concern:

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

All e-mail messages to the following list of e-mail addresses from September 13, 2018 to the date this request is processed containing either of the following terms: "performance metrics" or "dashboard." This includes e-mail messages where the following addresses are found in either the "to" field, the "cc" field, or the "bcc" field.

Addresses:
All_of_Court_Administrators@EOIR.USDOJ.GOV
All_of_Judges@EOIR.USDOJ.GOV
MaryBeth.Keller@EOIR.USDOJ.GOV
Scott.Rosen@EOIR.USDOJ.GOV
Christopher.Santoro@EOIR.USDOJ.GOV
Mark.Pasierb@EOIR.USDOJ.GOV
Susana.Ortiz-Ang@EOIR.USDOJ.GOV
Karen.Manna@EOIR.USDOJ.GOV
Mark.Kuschel@EOIR.USDOJ.GOV

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 Mr. Hoppock:

Thank you for your e-mail correspondence. I’m happy to provide you with additional information to assist you with this and future FOIA requests to EOIR. Requester categories are outlined in 28 C.F.R. § 16.10 et seq. and the potential fees, if any, associated therewith. The regulations specify four requester categories: commercial use, educational institution, noncommercial scientific institution, and representative of the news media. For your convenience, I’m providing a hyperlink to the applicable regulation located here https://www.ecfr.gov/cgi-bin/text-idx?SID=587cd86f62b5950d06bb0d793b742e1d&mc=true&node=pt28.1.16&rgn=div5#se28.1.16_110. Note that the regulation does not separately provide for a “non-profit” requester category; however, the Department of Justice recognizes that not all requesters will fall into any of the specified categories. Those requesters, so-called “other” requesters, are entitled to two free hours of search time and up to one hundred pages of duplication without charge. See 28 C.F.R. § 16.10(d)(4).

Although you submitted this FOIA request through the MuckRock website, your request includes the disclaimer “[t]his request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests.” In that regard, to the extent MuckRock is considered a news media organization, your request filed through the MuckRock website does not qualify you as a representative of the news media.

To the extent you are making this request on behalf of DocuFreedom, Inc. and believe this qualifies you as a news media requester, you have not provided sufficient information to qualify DocuFreedom as a representative of the news media for purposes of this request. The standards for qualifying as a representative of a news media are outlined in 28 C.F.R. § 16.10(b)(6). A statement that DocuFreedom is engaged in “the requesting of documents from agencies such as EOIR and providing them to the public for free” does not meet the standard. Specifically, merely posting agency records without using editorial skills to turn the raw materials into a distinct work does not meet the standard. Id. Furthermore, the DocuFreedom website located at http://docufreedom.com/ does not show any posts later than March 2018, over 20 months ago. In that regard, you have not “demonstrate[d] a solid basis for expecting publication through that entity.” 5 U.S.C. § 552(a)(4)(A); see also 28 C.F.R. § 16.10(b)(6).

If you would like to be considered a representative of the news media in future requests filed through the MuckRock website, then you must provide the organization of which you believe constitutes a news media organization and/or information sufficient to determine a solid basis for expecting publication through a news media entity for each request. See 28 C.F.R. § 16.10(b)(6). Without such information, we will presume that you are filing it on behalf of the Hoppock Law Firm for use in either the representation of the firm’s clients or for advertising/marketing purposes.

Alternatively, if you are asking for a waiver or reduction of fees, i.e., a so-called public interest fee waiver or reduction, you may seek a waiver of fees by submitting a written application demonstrating how disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. See 28 C.F.R. § 16.10(k). Such application must address all of the factors outlined in 28 C.F.R. § 16.10(k)(1)-(k)(2)(i)-(iii).

Finally, with respect to past FOIA requests, please note that a requester category is made on a case-by-case basis based on the requester’s intended use and the scope of the request. The standard is outlined in 28 C.F.R. § 16.10(b)(1) and past correspondence with you indicates that you have been notified of this standard. For some of your past requests, it is possible that you were designated a commercial use requester, but that fees associated with processing that request did not exceed $25, in which case you were not charged. See 28 C.F.R. § 16.10(d).

If you would like to submit an application for a public interest fee waiver or reduction, or have any additional comments, please feel free to submit your application and/or comments for our consideration. Alternatively, you are invited to amend the scope of your request to reduce the necessary processing time and potentially avoid fees notwithstanding your requester category designation.

In the meantime, we are conducting a search and will notify you of a cost estimate to process your request as-filed.

Sincerely,

Shelley M. O’Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Please clarify whether you are seeking a status update related to FOIA 2020-08776 (below in e-mail chain) or FOIA 2020-24486 (below in same e-mail chain). Once we receive clarification, we will provide you with a status update.

Sincerely,

Shelley M. O’Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Matthew Hoppock

I am writing to request a status of request number FOIA 2020-08776.

Thank you.

Matthew Hoppock

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Thank you for your inquiry. FOIA 2020-08776 was closed January 22, 2020.

Sincerely,

Shelley M. O’Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Matthew Hoppock

Ms. O'Hara, can you please help me understand? I submitted this FOIA request in November, 2019. https://www.muckrock.com/foi/united-states-of-america-10/e-mails-to-ijs-re-metrics-and-dashboard-83832/. I did not receive a receipt letter, so I don't know for sure what the tracking number the EOIR assigned it was. You emailed my law firm on Dec 10, 2019 to say there would be a fee and the case was on hold, and you referenced 2020-08776. I responded about the correspondence being mis-directed and challenging the commercial requester status. You emailed me back on Dec 11, 2019 saying the commercial requester status would remain in place and that EOIR was "conducting a search and will notify you of a cost estimate to process your request as-filed." Since then I've received no notification the request was closed.

Is there a determination letter? If so, can you please send it to me?

I don't know which request is 2020-24486. We are having a problem keeping track of which receipt notice goes with which request because the EOIR doesn't describe the request in its acknowledgment letters and uses brief subject lines that are often the same between multiple requests. I'm trying to close the loop on these pending requests, and it would help to understand what happened to this one. If it was closed on January 22, 2020 I need to know why we haven't received the determination letter.

Thank you.

Matthew Hoppock

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

A copy of your request FOIA 2020-24486 is attached and appears to be open and pending in our database.

Sincerely,

Shelley M. O’Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Matthew Hoppock

Thank you.

Any word on what happened with 2020-08776? If a determination letter was issued can you please send it to me? Thank you.

Matthew Hoppock

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