FOIA DHS-EOIR re IJ Riggs (CLT) Credibility Determinations, Correspondence, and BIA Reversals/Remands
| Tracking # |
2023-49093 |
| Submitted | April 17, 2023 |
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Communications
From: Derrick Hensley
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1) The decisions issued by the Board of Immigration Appeals between October 1, 2016, and the date of processing of this request, arising from cases decided by former-IJ George W. Riggs, that were administratively closed, reversed, background check remand, and/or remand.
2) I would request any printouts, summaries, spreadsheets, reports, or other records or datasets that may encompass or address how many of removal orders included a negative credibility determination for any Respondent(s) for whom former-IJ George W. Riggs issued removal orders in protection/form I-589 cases (in other words, decisions on Asylum, Wittholding of Removal, or Relief under the Convention Against Torture), after merits/individual hearings occurred, between October 1, 2016 and the end of his tenure at EOIR.
3) All correspondence or communications in any medium (including but not limited to any email, fax, letter, text/SMS/MMS, memorandum, voicemail, audio recording, sticky-note, or any attachment thereto, and any conversion of any of the foregoing from a digital to analog form/format, or vice-versa) to or from former-IJ George W. Riggs, from October 1, 2016 through the end of his tenure at EOIR, containing the words "credibility," "credible," "incredible," "incoherent," "demeanor," "candor," "evasive," "non-responsive," "responsiveness," "inconsistent," "consistent," "consistency," "facial expression(s)," "body language," "standard language," or "addendum of law," or any abbreviation, contraction, misspelling, pluralization, or paraphrase thereof.
4) Copies of each and every "standard language addendum of law" or any substantially similar 'boilerplate' or 'template' document utilized by former-IJ George W. Riggs as an exhibit in, as an attachment to, or as a drafting aid for any merits decision in a protection/form I-589 matter.
The requested records will be made available to the general public via a FOIA records clearinghouse, and this request is not being made for commercial purposes; rather, the results will be disseminated to interested individuals free of charge, and with no pecuniary gain to the Requestor, who is not (I hope and assume) the subject of any of these records. Thus, we would request that fees be waived.
Please search all records regarding agency business. You may not exclude searches of files or emails in the personal custody of your officials, such as personal email accounts. Records of official business conducted using unofficial systems or stored outside of official files is subject to the Federal Records Act and FOIA. It is not adequate to rely on policies and procedures that require officials to move such information to official systems within a certain period of time; I exercise and specifically preserve and assert my right to records contained in those files even if material has not yet been moved to official systems or if officials have, through negligence or willfulness, failed to meet their obligations.
If it is your position that any portion of the requested records is exempt from disclosure, I request that you provide an index of those documents as required under Vaughn v. Rosen, describe each document claimed as exempt with sufficient specificity to determine whether it should be exempt under FOIA, and discuss the consequences of disclosing, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document to which they apply.
If it is your position that a record contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. If a request is denied in whole, please state specifically that it is not reasonable to segregate portions of the record for release.
You should institute a preservation hold on information responsive to this request. I intend to pursue all legal avenues to enforce my right of access under the FOIA, including litigation if that becomes necessary. Accordingly, the EOIR is on notice that litigation is reasonably foreseeable.
If it will accelerate release of responsive records to me, please also provide responsive material on a rolling basis.
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,
Derrick Hensley
From: Department of Justice, Executive Office for Immigration Review
Dear Requester:
Thank you for contacting the Executive Office for Immigration Review. Please read this email in its entirety for important information about upcoming improvements to the EOIR Freedom of Information Act (FOIA) and Privacy Act (PA) request process.
As of December 1, 2022, EOIR no longer accepts FOIA or PA requests by email. EOIR strongly encourages individuals to submit FOIA and PA requests through EOIR's Public Access Link (PAL)<https://foia.eoir.justice.gov/app/Home.aspx>. We will continue to monitor this inbox for correspondence other than initial FOIA requests.
PAL offers several benefits for individuals submitting a FOIA or PA request to EOIR:
* Nearly instant submission of requests;
* Ability to track status of requests;
* Ability to browse the FOIA Reading Room;
* Payment of required fees online;
* Response to requests immediately upon processing;
* Receive email alerts as soon as requested records are ready; and
* Downloadable records at any time after processing.
To submit your FOIA or PA request, visit PAL<https://foia.eoir.justice.gov/app/Home.aspx> to register for an account.
PAL provides accelerated processing and delivery of EOIR’s response to your FOIA requests, but we understand it may not be right for everyone. If you prefer, you may still send your requests via postal mail. The mailing address for the EOIR FOIA Service Center is available at https://foia.eoir.justice.gov/app/Home.aspx.
As a reminder, the Request a ROP<https://www.justice.gov/eoir/ROPrequest> process is available to those requesting a Record of Proceeding (ROP) for a case before an immigration court or the Board of Immigration Appeals (BIA). The Request a ROP process allows an individual who is the subject of a ROP, or someone with a specific legal relationship with that person, to submit a ROP request directly to the applicable immigration court or the BIA, rather than to the FOIA team. Requesters may use the Request a ROP process in lieu of or in addition to the FOIA request process. However, please note that requesting a ROP through both processes may result in significantly delayed delivery. For more information, see the ROP Request Instructions<https://www.justice.gov/eoir/ROPrequest>.
Please be advised that if you have multiple accounts, which could be connected to PAL requests or e-mail/mail requests, we will no longer merge the accounts together. Therefore, it is to your advantage to use your currently existing PAL account (or create a PAL account if you do not have one) and only submit requests under that PAL account moving forward.
We look forward to offering you faster processing times with PAL, although due to the large number of requests we receive, there may still be a slight delay in processing your request. We apologize for this inconvenience and appreciate your understanding and patience.
We will continue to monitor this email for communications regarding existing requests.
Sincerely,
FOIA Service Center
Office of the General Counsel
Executive Office for Immigration Review
Public Access Link (PAL)<https://foia.eoir.justice.gov/app/Home.aspx>
From: Department of Justice, Executive Office for Immigration Review
Dear Derrick Hensley,
The status of your FOIA/PA request #2023-49093 has been updated to the following status 'Received.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Dear Derrick Hensley,
This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR). Your request has been assigned control number 2023-49093.
Please be advised that the status of requests submitted through the Public Access Link (PAL) may be tracked at https://foia.eoir.justice.gov/app/Home.aspx, and you will receive an email response to your request upon completion of processing. The status of requests submitted by email or mail may not be trackable through the PAL, but you will still receive an email or mailed response to your request upon completion of processing. (https://foia.eoir.justice.gov/app/Home.aspx) Please ensure the email address you provided in PAL will be able to receive the messages we send you. Messages rejected by your email account will not be rerouted to you.
Please be aware that EOIR is a component of the Department of Justice and the custodian of records for the “Record of Proceedings” (ROP), which is the compilation of documents and digital audio recordings produced in proceedings before the immigration courts and the BIA. The Department of Homeland Security (DHS) is the custodian of records for the “A-file,” which is a series of records of a person’s immigration history and is maintained and stored by DHS. EOIR is not the custodian of records for DHS or its components, nor does EOIR have access to DHS’s A-files. EOIR does not create an ROP until matters are initiated by DHS. Nevertheless, EOIR may create and maintain ROPs for proceedings other than removal proceedings (i.e., credible fear reviews, bond hearings). You may request a copy of your Notice to Appear (NTA) and full A-file from DHS. (https://www.dhs.gov/foia)
Note that parties to immigration cases (including respondents and their representatives of record) have the option to request their Record of Proceedings directly from the immigration court or Board of Immigration Appeals. Please see the instructions here: https://www.justice.gov/eoir/ROPrequest. (https://www.justice.gov/eoir/ROPrequest)
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.
If you have filed a fee waiver request, EOIR will address the fee waiver in a separate letter. Most requests for records of proceedings do not require any fees; however, if the fees for processing the request are estimated to exceed $25.00, EOIR will notify you before processing the request to determine whether you will commit to paying the fee or whether you wish to narrow the scope of your request to reduce the fee. Fees may be charged for searching records at the rate of $4.75 (administrative)/$10.00 (professional) per quarter hour, and for duplication of copies at the rate of $.05 per copy. The first 100 copies and two hours of search time are not charged, and charges must exceed $25.00 before we will charge a fee.
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.
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. As a matter of default, your request has been placed in track two for simple requests. 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 or EOIR.FOIArequests@usdoj.gov 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: Department of Justice, Executive Office for Immigration Review
Re: 2023-49093 Freedom of Information Act Request for Derrick James Hensley Dear Derrick Hensley, This letter is in response to your Freedom of Information Act(FOIA) request in which you seek documents regarding the above-referencedindividual. Your request either did not contain any of the evidence described below or the evidence that you provided was improper. Therefore, your request has been administratively closed. At any time, you may resubmit your request with proper documentation using the Public Access Link (PAL). (https://foia.eoir.justice.gov/app/Home.aspx) Youhave indicated that you are the authorized representative of Derrick James Hensley orthat you are a pro se requester. Under our regulations, we will generallyrelease a photocopy of the record of proceedings with appropriateauthorization. As such, we require more evidence for release of the record.This response neither confirms nor denies the existence of any record for thenamed individual. If you plan to re-submit a request for this individual, please use the Public Access Link (PAL). As of December 1, 2022, the EOIR FOIA Service Center no longer accepts FOIA requests by email. (https://foia.eoir.justice.gov/app/Home.aspx) Such evidence may include a completed Form EOIR-59 or (https://www.justice.gov/eoir/page/file/1380121/download) DOJ-361 (https://www.justice.gov/ust/file/doj361_form.pdf/download) signed and dated byyour client (or you, if you are requesting your own records). Alternatively, if you are requesting your own records, you may provide your full name, currentaddress, date and place of birth, and either (1) have your signature witnessed by a notary, or (2) include the following statementimmediately above your signature : “I declare under penalty of perjurythat the foregoing is true and correct. Executed on [date].” If you are a parent or guardian requesting documents for a child, in addition to the above evidence, you must also submit proof ofparentage (e.g., birth certificate) or guardianship (e.g., court order), as well as verification of your ownidentity. Verification of your identity must include your full name, current address, date and place ofbirth, and either (1) your signature witnessed by a notary, or (2) the following statement immediately above your signature: “I declare underpenalty of perjury that the foregoing is true and correct. Executed on [date].” For more information on providing proper documentation for your FOIA request, please visit Freedom of Information Act (FOIA) (justice.gov). (https://www.justice.gov/eoir/freedom-information-act-foia)
Please be aware that EOIR is a component of the Department of Justice and the custodian of records for the “Record of Proceedings” (ROP), which is the compilation of documents and digital audio recordings produced in proceedings before the immigration courts and the BIA. The Department of Homeland Security (DHS) is the custodian of records for the “A-file,” which is a series of records of a person’s immigration history and is maintained and stored by DHS. EOIR is not the custodian of records for DHS or its components, nor does EOIR have access to DHS’s A-files . EOIR does not create an ROP until matters are initiated by DHS. Nevertheless, EOIR may create and maintain ROPs for proceedings other than removal proceedings (i.e., credible fear reviews, bond hearings). You may request a copy of your Notice to Appear (NTA) and full A-file from DHS (https://www.dhs.gov/foia) Note that parties to immigration cases(including respondents and their representatives of record) have the option torequest their Record of Proceedings directly from the immigration court orBoard of Immigration Appeals. Please see the instructions here: https://www.justice.gov/eoir/ROPrequest. (https://www.justice.gov/eoir/ROPrequest)
You may contact the FOIA Public Liaison at (703) 605-1297 orEOIR.FOIArequests@usdoj.gov for any further assistance and to discuss anyaspect of your request. Alternatively, you may contact the Office of GovernmentInformation Services (OGIS) at the National Archives and Records Administrationto inquire about the FOIA mediation services they offer. The contactinformation 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.
If you are not satisfied with the Executive Office for Immigration Review’sdetermination in response to this request, you may administratively appeal bywriting to the Director, Office of Information Policy (OIP), United StatesDepartment of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, oryou may submit an appeal through OIP’s FOIA STAR portal by creating an accountfollowing the instructions on OIP’s website https://www.justice.gov/oip/submit-and-track-request-or-appeal (https://www.justice.gov/oip/submit-and-track-request-or-appeal) . Your appeal must be postmarkedor electronically transmitted within 90 days of the date of my response to yourrequest. If you submit your appeal by mail, both the letter and the envelopeshould be clearly marked “Freedom of Information Act Appeal.” Sincerely, FOIA Intake
From: Derrick Hensley
In regards to the denial/rejection dated 04/24/2023 I would respectfully wish to appeal this determination. The FOIA request letter, attached as a PDF in the original portal request, was manifestly and obviously not an ROP request for any particular person. Instead, it was a request for communications and data held by the agency relating to court administration, decision patterns, etc, i.e., all subjects outside of any particular ROP. We would obviously /not/ be interested in any personally-identifiable records about any particular noncitizens.
In summary, insofar as it was coded as an ROP request, that would have been in error. Thus the bases for rejection/denial are inapposite. Thank you for your time and attention.
From: Department of Justice, Executive Office for Immigration Review
Dear Derrick Hensley,
The status of your ROP request #2023-49093 has been updated to the following status 'In Process.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Re: 2023-49093 Freedom of Information Act Request Dear Derrick Hensley, This letter is in response to your Freedom of Information Act (FOIA) request in which you seek documents regarding the above-referenced individual. Upon review of our records, it has been determined that this request was answered under FOIA 2023-48981. Therefore, this FOIA request is being closed as a duplicate request. Please be aware that EOIR is a component of the Department of Justice and the custodian of records for the “Record of Proceedings” (ROP), which is the compilation of documents and digital audio recordings produced in proceedings before the immigration courts and the BIA. The Department of Homeland Security (DHS) is the custodian of records for the “A-file,” which is a series of records of a person’s immigration history and is maintained and stored by DHS. EOIR is not the custodian of records for DHS or its components, nor does EOIR have access to DHS’s A-files . EOIR does not create an ROP until matters are initiated by DHS. Nevertheless, EOIR may create and maintain ROPs for proceedings other than removal proceedings (i.e., credible fear reviews, bond hearings). You may request a copy of your Notice to Appear (NTA) and full A-file from DHS (https://www.dhs.gov/foia)
Note that parties to immigration cases (including respondents and their representatives of record) have the option to request their Record of Proceedings directly from the immigration court or Board of Immigration Appeals. Please see the instructions here: https://www.justice.gov/eoir/ROPrequest (https://www.justice.gov/eoir/ROPrequest) You may contact the FOIA Public Liaison at EOIR.FOIArequests@usdoj.gov (mailto:EOIR.FOIArequests@usdoj.gov) for any further assistance and to discuss 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. 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, FOIA Intake
From: Derrick Hensley
See attached. Please accept this appeal, inclusive of EOIR FOIA # 2023-48981 as well, and reopen and respond under this case, EOIR FOIA # 2023-49093.
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Hensley: This correspondence is in response to your Freedom of Information Act (FOIA) request dated 04/20/2023 to the Executive Office for Immigration Review (EOIR) in which you seek certain records described in your request. A search was conducted and one or more records responsive to your request were located. We are granting partial access to the responsive record(s).
Please access the responsive records at this link: https://jefs.box.com/s/pb7v40h3jnljbdl4vw25rhrkw1yjed7c.
Please do not click the link; rather, copy and paste it into your browser's address bar. Please note that this link is only accessible for 60 days. Portions of the enclosed records have been redacted in accordance with FOIA Exemption 6, 5 U.S.C. § 552(b)(6), which concerns material the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties. Please be advised that we have considered the foreseeable harm standard when reviewing records and applying FOIA exemptions. 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. You may contact the EOIR FOIA Public Liaison by e-mail at EOIR.FOIArequests@usdoj.gov (mailto:EOIR.FOIArequests@usdoj.gov) for any further assistance and to discuss any aspect of your request. Please reference the FOIA control number. 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 ogis@nara.gov; 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 this response to your request. If you submit your appeal by mail, both the correspondence and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Jessica Gardner
Attorney Advisor, OGC
From: Department of Justice, Executive Office for Immigration Review
It looks like this agency uploaded responsive documents to a portal or link sharing site. Our team is working on moving them over, so please check back soon.
Dear Mr. Hensley: This correspondence is in response to your Freedom of Information Act (FOIA) request dated 04/20/2023 to the Executive Office for Immigration Review (EOIR) in which you seek certain records described in your request. A search was conducted and one or more records responsive to your request were located. We are granting partial access to the responsive record(s).
Please access the responsive records at this link: https://jefs.box.com/s/pb7v40h3jnljbdl4vw25rhrkw1yjed7c.
Please do not click the link; rather, copy and paste it into your browser's address bar. Please note that this link is only accessible for 60 days. Portions of the enclosed records have been redacted in accordance with FOIA Exemption 6, 5 U.S.C. § 552(b)(6), which concerns material the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties. Please be advised that we have considered the foreseeable harm standard when reviewing records and applying FOIA exemptions. 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. You may contact the EOIR FOIA Public Liaison by e-mail at EOIR.FOIArequests@usdoj.gov (mailto:EOIR.FOIArequests@usdoj.gov) for any further assistance and to discuss any aspect of your request. Please reference the FOIA control number. 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 ogis@nara.gov; 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 this response to your request. If you submit your appeal by mail, both the correspondence and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Jessica Gardner
Attorney Advisor, OGC
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