Family Unit cases at EOIR

An acknowledgement letter, stating the request is being processed.

Dear Mr. De Girolamo:

Thank you for your response; however, this does not narrow your request. I think it would be beneficial if we discuss the scope of your request by telephone. Please feel free to call me on my direct line anytime; however, if we do not hear from you soon, your request will likely be closed as improper for the reasons set forth below.

Sincerely,

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

Dear Mr. De Girolamo:

Thank you for speaking to me on Tuesday, October 29, 2019 regarding the above-referenced request. During our conversation, we discussed that we would have to obtain individual consent from over 1800 EOIR employees to conduct a search of the request as-filed and as-amended, resulting in an undue burden on the agency. In that regard, you agreed to consider narrowing your request. We discussed potentially amending your request to those Immigration Judges in the Los Angeles Immigration Court where you regularly practice. As you likely know, there are approximately 31 Immigration Judges at this time. Policy Memo 19-04 Tracking and Expedition of "Family Unit" Cases was issued on November 16, 2018 and the one-year adjudication policy was set forth in the January 17, 2018 Case Priorities and Immigration Court Performance Measures policy memo available here https://www.justice.gov/eoir/page/file/1026721/download. Do you agree to narrow the timeframe November 16, 2018 through the date the search is conducted and to those Immigration Judges in the Los Angeles Immigration Court hearing FAMU cases?
Additionally, we have determined that the above-referenced request constitutes a commercial use request, or a "request that asks for information for a use or purpose that furthers a commercial trade, or profit interest, which can include furthering those interests through litigation." See 28 C.F.R. § 16.10(b)(1). In that regard, you are responsible for all direct costs associated with processing your request, including search (if document volume exceeds 5000 pages), review and duplication fees (see 28 C.F.R. § 16.10(b)(2)) The agency makes a "commercial use request" determination on a case-by-case basis based on the requester's "intended use." See 28 C.F.R. § 16.10(b)(1). During our telephone conversation on October 29, 2019, you stated that you are requesting these records to learn how Immigration Judges are ruling on FAMU cases. You stated that FAMU cases often take 3-4 years to prepare, that one year is not sufficient to gather all of the evidence for a FAMU cases, and that you would like to avoid having to file appeals on behalf of your clients. This intended use of the requested records, therefore, furthers the profit interest of Law Offices of Gianfranco de Girolamo, P.C.
Once we finalize the scope of your request, we will need an agreement to pay fees before we begin processing your request. While we cannot provide a fee estimate until a search is conducted, we estimate fees to exceed $250. Please let me know if you agree to the amended scope of your request as stated above, or whether you would like to narrow it further. Also, please provide an amount you agree to pay for processing your request.
If we do not hear from you on the first calendar days following 30 days of this notice, or by Monday, December 2, 2019, we will assume that you are no longer interested and your request will be administratively closed.
Sincerely,

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

Dear Mr. De Girolamo:

I understand that FAMU cases are primarily heard in the Los Angeles North Immigration Court where there are currently five Immigration Judges. Do you agree to amend your request to these five judges (and including the other limitations outlined below) pending we reach an agreement to pay fees?

Sincerely,

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