EOIR August 2020 Scheduling Order Project Records
It is a clone of this request.
| Tracking # |
2022-22880 |
| Submitted | Feb. 2, 2022 |
| Est. Completion | None |
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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:
On a December 9, 2020 webinar to announce the new "case flow processing" changes, Principal Deputy Chief Immigration Judge (acting) Mary Cheng referenced a "project" that had started in August, 2020 whereby the EOIR identified a set of cases and issued scheduling orders for them. From the description, it sounded like the cases identified were cases where an Immigration Judge had directed the respondent to file a relief application at the next hearing, and the hearing had then been continued. We are trying to understand what that project is, what it was called, how it began, why it began, and what the outcome was. In practice, some of the scheduling orders received in cases were issued by an Assistant Chief Immigration Judge who was not the presiding judge in the case and was not signed by the judge in the case. This created confusion for respondents in determining whether the order was actually binding in the case, why the order had not come from the judge in the case, and whether the judge was being directed by superiors to take certain actions in the case. To help understand this I am requesting the following records:
1. The email messages to and from Principal Deputy Chief Immigration Judge (acting) Mary Cheng referencing the following keywords from August 1 to August 31, 2020: "project," "scheduling order," or "trial queue."
2. Any policy memo or guidance sent to ACIJs from June 1, 2020 to August 31, 2020 regarding process described above and more fully described above.
For responsive emails, this request is intended to encompass the attachments to those emails as well. And where an email messsages appears in a "thread" this request is for all messages in that thread, even if they do not specifically mention the keywords above.
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 02/02/2022 and received 02/02/2022. Your request has been assigned control number 2022-22880. 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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 2, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Hoppock:
Thank you for your inquiry. A search has been conducted and records are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as “complex” and is number 6 on our “complex” docket.
Sincerely,
Jeniffer Perez Santiago
Attorney Advisor
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Hoppock:
This correspondence is in response to your Freedom ofInformation Act (FOIA) request dated 02/02/2022 to the Executive Office forImmigration Review (EOIR) in which you seek certain records described in yourrequest.
A search was conducted and records responsive to yourrequest were located. However, there area lot of non-responsive records that were pulled due to the keyword “project”. Would you be willing to waive thiskeyword. This will significantly reducethe amount of records to process and will help reduce the processing time.
Please let us know if you accept our proposal. Feel free to contact me if you need anyfurther assistance and to discuss any aspect of your request.
Sincerely,
Jeniffer PerezSantiago
AttorneyAdvisor
From: Department of Justice, Executive Office for Immigration Review
Good afternoon Mr. Hoppock,
This correspondence is in response to your Freedom of Information Act (FOIA) request dated 02/02/2022 to the Executive Office for Immigration Review (EOIR) in which you seek certain records described in your request.
On March 21, 2022, we sent you an email with a proposal to narrow the scope of your request. We would like to know if you would scope out the word “project”.
Please let us know if you accept our proposal. EOIR will place your request on hold. If we do not hear from you within 30 calendar days of this notice, we will assume that you are no longer interested and your request will be administratively closed.
Sincerely,
Jeniffer Pérez Santiago
Attorney Advisor (FOIA)
Office of the General Counsel
Executive Office for Immigration Review
Department of Justice
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
Cell: (571)326-4838
From: Matthew Hoppock
Do you know how many records are at issue if we keep the word "project"? And how many records are at issue if we omit the word project?
It's the word Judge Cheng used on the training call, so I am hoping to include the records that mention it.
Matthew Hoppock
From: Department of Justice, Executive Office for Immigration Review
Good afternoon Mr. Hoppock,
I have reviewed the set of records pulled from the search including the word “project”. No need for an agreement to narrow the scope of your request.
Sincerely,
Jeniffer Pérez Santiago
Attorney Advisor (FOIA)
Office of the General Counsel
Executive Office for Immigration Review
Department of Justice
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
Cell: (571)326-4838
From: Matthew Hoppock
OK, thanks for letting me know.
Matthew Hoppock
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Hoppock: Please find attached the final response to your Freedom of Information Act (FOIA) request dated and received 04/05/2022 to the Executive Office for Immigration Review (EOIR) in which you seek certain records described in your request incerely,
Jeniffer Perez Santiago
Attorney Advisor
From: Matthew Hoppock
I am not sure I follow. In March, this office wrote to me and said that "records responsive to your request were located" but asked me to narrow down the search because there were so many. As I understand the adjudication letter, no responsive records were found. Is that accurate?
Thank you.
Matthew Hoppock
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