FOIA Request for IJ A.T. Lee’s BIA Remands

Dear F Evan Benz: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 11/12/2020 and received 11/12/2020.  Your request has been assigned control number 2021-04414. 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.  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. 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. Sincerely, FOIA Intake

Dear Mr. Benz: This letter is in response to your Freedom of Information Act (FOIA) request dated 11/12/2020 to the Executive Office for Immigration Review (EOIR) in which you seek certain BIA decisions related to certain Immigration Judges in the Charlotte, North Carolina Immigration Courts. Your request category has been determined to be 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). Specifically, we note that you are a private practice immigration law practitioner at The Law Office of Derrick J. Hensley, PLLC in Hillsborough, North Carolina. We note that your request is limited to Board of Immigration Appeal decisions of Immigration Judges decisions who are located in the Charlotte, North Carolina Immigration Court in which practitioners of the Law Office of Derrick J. Hensley, PLLC regularly appear on behalf of the law firm’s clients. In that regard, we determined that the intended use of the requested records is the representation of the law firm’s clients, a commercial trade or profit interest. Please note that the Department of Justice is governed by the fee waiver or reduction of fees regulations outlined in 28 C.F.R. § 16.10(k)(1)-(k)(2)(i)-(iii). To qualify for a fee waiver or reduction of fees, your application must address all of these factors. An unsubstantiated statement that, “[t]he requested records will be made available to the general public via our law firm’s website (www.LODJH.com) and a FOIA records clearinghouse (www.muckrock.com), and this request is not being made for commercial purposes” does not meet the threshold. Although the records requested may shed light on BIA remanded adjudications of Immigration Judges in the Charlotte, North Carolina Immigration Court, disclosure would not be meaningfully informative about government operations or activities because nothing new would be added to the public’s understanding. Specifically, immigration cases are adjudicated on a case-by-case basis based on the facts and circumstances of each individual before an Immigration Judge in an immigration proceeding. Therefore, comparison of BIA remanded adjudications of Immigration Judges in the Baltimore or Arlington Immigration Courts would not be meaningful informative. When weighed against the commercial interest as stated above, your request for a fee waiver has been denied. Your request is on hold until a fee agreement is reached. The cost estimate to process your request as-filed is approximately between $160.00 and $200.00 in review time. 28 C.F.R. § 16.10(c)(3). If you agree to the cost estimate, please notify EOIR is writing that you agree to pay fees within 30 days of the original notice. 28 C.F.R. § 16.10(e)(2). If we do not hear from you within 30 days of this notice, we will assume that you are no longer interested and your request will be administratively closed. If you need any further assistance or would like to discuss any aspect of your request, please contact the EOIR FOIA Public Liaison at (703) 605-1297.  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, Shelley M. O’Hara Attorney Advisor (FOIA)

Dear Mr. Benz:

This correspondence is in response to your Freedom of Information Act (FOIA) request dated 11/12/2020 to the Executive Office for Immigration Review (EOIR) in which you seek BIA decisions (CHL Immigration Court).

As you will recall, EOIR notified you by written correspondence dated 01/28/2021 that your requester category was determined to be that of a commercial use requester for purposes of this request and that EOIR would require a fee agreement before your request could be processed. See 28 C.F.R. § 16.10(b)(1). EOIR also notified you that your request would be closed within 30 days if we did not hear from you. Because we have not heard from you, we presume that you are no longer interested in the processing of this request. Therefore, your request has been administratively closed.

You may contact the EOIR FOIA Public Liaison at (703) 605-1297 or 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,

Shelley M. O’Hara
Attorney Advisor (FOIA)

Dear Mr.  Benz:
EOIR located your email dated February 5, 2021 agreeing to pay fees of up to $160 to process this request. Your request is off hold as of February 5, 2021 and is currently being processed.
Sincerely,
Shelley M. O’Hara Attorney Advisor (FOIA)

Dear Mr. Benz:
Please see the attached.
Sincerely,
EOIR FOIA Program

Dear Mr.  Benz:
Please see the attached.
Sincerely, EOIR FOIA Program

Dear Mr.  Benz:
Please see the attached amended invoice.
Sincerely,
EOIR FOIA Program

Evan, we show the response was sent with partial grant on 3/10/2021. JRS