"Guidance and Publications Intranet Site" - Jan. 2019
| Tracking # |
DOJ-AP-2019-007085 |
| Submitted | Jan. 7, 2019 |
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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:
The documents contained on the "Guidance and Publications Intranet Site" which should include the following -
1. Draft decision bank - a copy of each of the draft decisions located in the draft decisions bank;
2. State Crime charts - a copy of each of the state crime charts contained on the Intranet Site;
3. Published Case Summaries - a copy of each of the records in the nationwide repository of all of the published circuit court case summaries that the JLCs have produced;
4. Legal Outlines - a copy of each of the outlines of various immigration law topics held on the Intranet site;
5. BIA Precedent Committee - a copy of the requests to the Board of Immigration Appeals to issue a precedent decision on an unresolved question of law; and
6. Training Materials - the copies of "recent training session materials, including IJ conferences and JLC conferences" currently maintained on the Intranet set.
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: 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 Jan. 7, 2019. 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
Received and being processed.
This one is currently #62 of 90 complex requests.
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~WRD066
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 Jan. 7, 2019. 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
We are reviewing the website. This is #22 of 108 requests.
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~WRD000
From: Department of Justice, Executive Office for Immigration Review
We have access to the webpage and are reviewing the contents.
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~WRD222
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 Jan. 7, 2019. 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: 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 Jan. 7, 2019. 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: 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 Jan. 7, 2019. 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
Status FOIA 2019-14496
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~WRD177
From: Department of Justice, Executive Office for Immigration Review
Matthew, this is a very heavy lift, but I am 90% complete with the attorney review.
The FOIA number is 2019-14725.
Wr/JRS
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~WRD000
From: Department of Justice, Executive Office for Immigration Review
Matthew, enclosures will follow on CD.
Wr/
Joseph R. Schaaf
Chief Counsel, Administrative Law
Executive Office for Immigration Review
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~WRD346
From: Department of Justice, Executive Office for Immigration Review
An acknowledgement letter, stating the request is being processed.
There are too many files to display on this communication. See all files
From: Matthew Hoppock
First, I am writing to appeal the redactions to these documents, most of which are not appropriate. In numerous circumstances the agency has used code b5 which the adjudication letter says redacts "privileged information." But most of these redactions are not related to specific cases or decisions but are instead simply research and agency guidance for Immigration Judges. Such guidance, whether formal or informal, is not privileged information. An example: The 86-page Federal Crime Chart redacts most of the agency's guidance for IJs on whether certain crimes are aggravated felonies or crimes involving moral turpitude. Because this is a basic research chart stating what the law is and does not reflect agency decisions (or pre-decision content) on a specific case or attorney advice, it is not privileged. My appeal challenges every redaction in these documents - not just the example I've listed.
Second, it appears the agency has withheld certain documents without invoking any exception. For example, we understand this intranet site has 22 numbered documents related to the Franco settlement. However, the agency only produced 5 numbered documents (numbers 1, 6, 7, 8, and 9). Although there are other numbered documents here, they appear to be in a different form or have been edited from what is on the intranet site. Further, the intranet site contains prior versions of several of these charts. Although new versions have been uploaded over time, the agency is still required to produce the prior versions, as we asked for all documents on this intranet site fitting the descriptions listed.
There are too many files to display on this communication. See all files
From: Matthew Hoppock
First, I am writing to appeal the redactions to these documents, most of which are not appropriate. In numerous circumstances the agency has used code b5 which the adjudication letter says redacts "privileged information." But most of these redactions are not related to specific cases or decisions but are instead simply research and agency guidance for Immigration Judges. Such guidance, whether formal or informal, is not privileged information. An example: The 86-page Federal Crime Chart redacts most of the agency's guidance for IJs on whether certain crimes are aggravated felonies or crimes involving moral turpitude. Because this is a basic research chart stating what the law is and does not reflect agency decisions (or pre-decision content) on a specific case or attorney advice, it is not privileged. My appeal challenges every redaction in these documents - not just the example I've listed.
Second, it appears the agency has withheld certain documents without invoking any exception. For example, we understand this intranet site has 22 numbered documents related to the Franco settlement. However, the agency only produced 5 numbered documents (numbers 1, 6, 7, 8, and 9). Although there are other numbered documents here, they appear to be in a different form or have been edited from what is on the intranet site. Further, the intranet site contains prior versions of several of these charts. Although new versions have been uploaded over time, the agency is still required to produce the prior versions, as we asked for all documents on this intranet site fitting the descriptions listed.
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 Jan. 7, 2019. 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
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2019-007085
* Request Tracking Number: 2019-14496
* Requester Name: Matthew Hoppock
* Date Submitted: 09/17/2019
* Appeal Status: Submitted
* Description:
EOIR Appeal
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has made its final determination on your FOIA Appeal Number DOJ-AP-2019-007085 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: Department of Justice, Executive Office for Immigration Review
Dear Atty. Hoppock:
This correspondence is in response to your Freedom of Information Act (FOIA) request to the Executive Office for Immigration Review (EOIR) dated 08/03/2021 in which you seek records related to Guidance & Pubs (OIP Remand).This is the second partial response.
A search was conducted and additional records responsive to your request were located. You are granted full access to the records.The documents will be sent via separate e-mail.
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 at (703) 605-1297 or EOIR.FOIArequests@usdoj.gov for any further assistance and to discuss 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.
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,
Joseph Schaaf
Supervisory Attorney Advisor (FOIA)
From: Department of Justice, Executive Office for Immigration Review
Dear Atty. Hoppock:
This correspondence is in response to your Freedom of Information Act (FOIA) request to the Executive Office for Immigration Review (EOIR) dated 08/03/2021 in which you seek records related to Guidance & Pubs (OIP Remand). This is the second partial response.
A search was conducted and additional records responsive to your request were located. You are granted full access to the records.
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 at (703) 605-1297 or EOIR.FOIArequests@usdoj.gov<mailto:EOIR.FOIArequests@usdoj.gov> for any further assistance and to discuss 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<mailto: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,
Joseph Schaaf
Supervisory Attorney Advisor (FOIA)
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 Jan. 7, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #DOJ-AP-2019-007085.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Dear Atty. Hoppock: This correspondence is in response to your Freedom of Information Act (FOIA) request dated 08/03/2021 to the Executive Office for Immigration Review (EOIR) in which you seek Guidance & Pubs (OIP Remand). This is the third partial response. 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). The records will be via separate e-mail. Portions of the enclosed records have been redacted in accordance with FOIA Exemption 5, 5 U.S.C. § 552(b)(5), which concerns certain inter- and intra-agency communications protected by the deliberative process privilege, certain inter- and intra- agency communications protected by the attorney work-product doctrine and/or the attorney-client privilege. Additionally, 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. 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 or by telephone number (703) 605-1297 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,
Joseph Schaaf
Supervisory Attorney Advisor (FOIA)
From: Department of Justice, Executive Office for Immigration Review
Matthew, please see third interim response. JRS
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DOJ-EOIR FOIA Request # 2021-46231
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